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ZOLINTAKIS v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES

No. 1586.

97 F.2d 583 (1938)

ZOLINTAKIS v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 18, 1938.

Attorney(s) appearing for the Case

Calvin W. Rawlings and Parnell Black, both of Salt Lake City, Utah (Rawlings, Wallace & Black and Woodrow White, all of Salt Lake City, Utah, on the brief), for appellant.

E. D. Hurd, of Salt Lake City, Utah (Hurd & Hurd, of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Peter Zolintakis brought this action, as beneficiary, on a $7,500.00 policy of insurance issued by The Equitable Life Assurance Society, hereinafter called the Society, upon the life of one James Orfanos. The policy provided for double indemnity in case of accidental death.

The petition alleged that on or about July 14, 1935, Orfanos died while the policy of insurance was in full force and effect, and that his death resulted solely...

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