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ATLAS LIFE INS. CO. v. W. I. SOUTHERN, INC.

No. 1733.

105 F.2d 668 (1939)

ATLAS LIFE INS. CO. v. W. I. SOUTHERN, Inc.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 27, 1939.

Attorney(s) appearing for the Case

Logan Stephenson and E. J. Lundy, both of Tulsa, Okl. (Rogers, Stephenson & Dickason and Poe, Lundy & Morgan, all of Tulsa, Okl., on the brief), for appellant.

A. F. Moss, of Tulsa, Okl. (H. R. Young, of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

This was an action in equity to cancel and annul three policies of insurance in the respective amounts of $25,000, $15,000, and $10,000, issued by Atlas Life Insurance Company, upon a single application, insuring the life of Wheaton I. Southern, and payable to W. I. Southern, Inc., as beneficiary. The application was dated March 9, 1936; the policies were dated March 13th; and they were delivered March 24th. Each provided that the policy and...

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