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FOX v. MUTUAL BEN. LIFE INS. CO.

No. 11451.

107 F.2d 715 (1939)

FOX v. MUTUAL BEN. LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

November 28, 1939.

Attorney(s) appearing for the Case

Walter A. Raymond, of Kansas City, Mo. (G. W. Duvall, of Kansas City, Mo., on the brief), for appellant.

Richard S. Righter, of Kansas City, Mo. (Horace F. Blackwell, Jr., of Kansas City, Mo., Edward O. Stanley, Jr., of Newark, N. J., and Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., on the brief), for appellee.

Kenneth E. Midgley, of Kansas City, Mo. (Henry I. Eager and George J. Winger, both of Kansas City, Mo., on the brief), for amici curiae.

E. R. Morrison, Homer H. Berger, and Douglas Stripp, all of Kansas City, Mo., filed brief as amici curiae.

Harry A. Hall, of Kansas City, Mo., as amicus curiae.

Before THOMAS, and VAN VALKENBURGH, Circuit Judges, and DEWEY, District Judge.

THOMAS, Circuit Judge.

This is an appeal from a judgment denying recovery on a policy of life insurance. The appellant is the widow of the insured, Frederick A. Fox, and the beneficiary named in the policy.

The facts are as follows. On February 7, 1927, the company issued its ordinary life policy No. 1,285,009 in the face amount of $5,000 to the insured at age 40. The policy provided for a level quarterly premium of $40.20. Dividends were to be used in reduction...

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