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COLUMBIAN NAT. LIFE INS. CO. v. RODGERS

No. 1553.

93 F.2d 740 (1937)

COLUMBIAN NAT. LIFE INS. CO. v. RODGERS.

Circuit Court of Appeals, Tenth Circuit.

December 27, 1937.

Attorney(s) appearing for the Case

Bailey Aldrich, of Boston, Mass. (Richard S. Righter, of Kansas City, Mo., Edwin S. McAnany, of Kansas City, Kan., Horace F. Blackwell, Jr., of Kansas City, Mo., and F. H. Nash, of Boston, Mass., on the brief), for appellant.

Roy L. Hamilton, of Beloit, Kan., for appellee.

Before PHILLIPS and WILLIAMS, Circuit Judges, and SYMES, District Judge.

PHILLIPS, Circuit Judge.

Lena M. Rodgers brought this action on a policy of insurance for $10,000.00 in which she was named as beneficiary, issued by the Columbian National Life Insurance Company, hereinafter called the Insurance Company, on the life of Paul W. Rodgers.

The petition alleged that the insured died on August 4, 1935, while the policy was in full force and effect.

The answer set up that the insured in his answers to questions in the application...

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