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METROPOLITAN LIFE INS. CO. v. BANION

No. 1779.

106 F.2d 561 (1939)

METROPOLITAN LIFE INS. CO. v. BANION et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied October 12, 1939.

Attorney(s) appearing for the Case

William E. Mullen, of Cheyenne, Wyo., and Horace N. Hawkins, of Denver, Colo. (A. R. McMicken, of Rawlins, Wyo., Harry Cole Bates, of New York City, and Edward J. Boughton, of Philadelphia, Pa., on the brief), for appellant.

W. J. Wehrli and Marvin L. Bishop, Jr., both of Casper, Wyo. (E. E. Enterline, Madge Enterline, and G. R. Hagens, all of Casper, Wyo., on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

This is a suit to recover on a policy of life insurance issued by Metropolitan Life Insurance Company insuring the life of Sewell S. Combs, of Casper, Wyoming, and containing a double indemnity provision in case of accidental death. Hazel Combs, wife of the insured, was the designated beneficiary if living; otherwise Lloyd Russell Combs, natural son of Hazel Combs by a former husband and adopted son of the insured, was the beneficiary. The...

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