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ROSENTHAL v. NEW YORK LIFE INS. CO.

No. 10938.

99 F.2d 578 (1938)

ROSENTHAL et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

November 16, 1938.

Attorney(s) appearing for the Case

Douglas W. Robert, of St. Louis, Mo., for appellant Esther Rosenthal.

James C. Jones, Jr. (James C. Jones, Lon O. Hocker, Frank Y. Gladney, and Joseph H. Grand, all of St. Louis, Mo., and Louis H. Cooke, of New York City, on the brief), for appellee.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

SANBORN, Circuit Judge.

The New York Life Insurance Company brought this suit on June 2, 1934, to cancel two reinstatements of a life policy upon the joint lives of Joseph Rosenthal and Esther Rosenthal and payable to the survivor of them if either should die while the policy was in force. Joseph Rosenthal had died May 14, 1933. Esther Rosenthal and the Lafayette South Side Bank & Trust Company, which was nominally an assignee

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