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NEW YORK LIFE INS. CO. v. LEVIN

No. 11219.

102 F.2d 403 (1939)

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

Circuit Court of Appeals, Eighth Circuit.

March 14, 1939.

Attorney(s) appearing for the Case

Richard S. Righter and Sam D. Parker, both of Kansas City, Mo. (George J. Mersereau, of Kansas City, Mo., Louis H. Cooke, of New York City, and Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., on the brief), for appellant.

Fred J. Wolfson, of Kansas City, Mo. (Harold Waxman, of Kansas City, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS Circuit Judge.

On January 7, 1930, the New York Life Insurance Company issued its policy of life insurance upon the life of appellee Harry Levin. Bess Levin, wife of the insured, was named as beneficiary. The policy provided for the payment of $10,000 by the insurance company to the beneficiary upon due proof of death of the insured. It provided further for (1) disability and (2) double indemnity benefits. This suit was commenced by the insurance company in...

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