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NEW YORK LIFE INS. CO. v. McCURDY

No. 1836.

106 F.2d 181 (1939)

NEW YORK LIFE INS. CO. v. McCURDY.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 25, 1939.

Attorney(s) appearing for the Case

W. A. Kahrs and Austin M. Cowan, both of Wichita, Kan. (C. A. McCorkle and Robert H. Nelson, both of Wichita, Kan., and Louis H. Cooke, of New York City, on the brief), for appellant.

John F. Eberhardt, of Wichita, Kan. (J. B. McKay, of El Dorado, Kan., and Robert C. Foulston and George Siefkin, both of Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

This is an action to recover on a $5,000 policy of life insurance issued on April 2, 1937, to Robert A. McCurdy, and designating Sarah M. McCurdy as beneficiary. It was commenced in the District Court of Butler County, Kansas, on March 25, 1938 by Sarah M. McCurdy as plaintiff against the New York Life Insurance Company as defendant. In due course it was removed to the United States District Court. The parties will be referred to as they appeared...

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