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MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. LYON

No. 10982.

95 F.2d 528 (1938)

MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. LYON.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 11, 1938.

Attorney(s) appearing for the Case

G. Byron Dobbs, of Fort Smith, Ark. (Thomas B. Pryor and Thomas B. Pryor, Jr., both of Fort Smith, Ark., on the brief), for appellant.

John W. Nance, of McAllen, Tex., for appellee.

Before STONE, GARDNER, and WOODROUGH, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is to reverse a judgment for plaintiff in a suit upon an insurance policy.

It appears that on December 31, 1926, the Mutual Benefit Health & Accident Insurance Association issued its policy insuring the plaintiff's husband, William R. Lyon, against accidental death (and other hazards, including sickness) in pursuance to an application in writing signed by him and made part of the insurance contract. The application...

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