ATLAS LIFE INS. CO. v. W. I. SOUTHERN, INC.

No. 1272.

23 F.Supp. 334 (1938)

ATLAS LIFE INS. CO. v. W. I. SOUTHERN, Inc.

District Court, N. D. Oklahoma.

May 20, 1938.


Attorney(s) appearing for the Case

Rogers, Stephenson & Dickason, of Tulsa, Okl., for plaintiff.

A. F. Moss and H. R. Young, both of Tulsa, Okl., for defendant.


FRANKLIN E. KENNAMER, District Judge.

On March 7, 1938, W. I. Southern, Inc., brought suit in the district court of Tulsa county, Okl., to recover the proceeds of a policy of insurance issued by the plaintiff herein upon the life of Wheaton I. Southern, who died after the policy was issued. The policy contained a clause providing for incontestability after the expiration of two years from its date, and this period would have expired shortly after the institution of...

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