ÆTNA LIFE INS. CO., HARTFORD, CONN. v. CONWAY

No. 1768.

102 F.2d 743 (1939)

ÆTNA LIFE INS. CO., HARTFORD, CONN., v. CONWAY et al.

Circuit Court of Appeals, Tenth Circuit.

March 22, 1939.


Attorney(s) appearing for the Case

Carl I. Winsor, of Wichita, Kan. (Paul J. Wall, John E. Boyer, and George J. Hondros, all of Wichita, Kan., on the brief), for appellant.

Max Wyman, of Hutchinson, Kan. (Erskine Wyman, of Hutchinson, Kan., on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

The parties will be referred to in the order in which they appeared in the trial court.

On September 7, 1926, defendant issued its policy of insurance on the life of the deceased, Albert Dillon Conway, of Hutchinson, Kansas, of which he continued as a resident until his death. He entered St. Luke's Hospital on August 24, 1936, remaining as a patient until his death on October 10, 1936.

Under Erie Railroad Co. v. Tompkins, ...

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