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AMIOT v. KANSAS CITY LIFE INS. CO.

No. 8092.

109 F.2d 916 (1940)

AMIOT et al. v. KANSAS CITY LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

February 16, 1940.

Attorney(s) appearing for the Case

Frank W. Atkinson and Francis W. McCauley, both of Detroit, Mich. (Marr & Cahalan, of Wyandotte, Mich., on the brief), for appellants.

Lawrence E. Brown, of Detroit, Mich. (James V. Oxtoby, and Oxtoby, Robison & Hull, all of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

The bill sought a decree against appellee, Kansas City Life Insurance Company, for specific performance of the convertible option clause in a life insurance policy. The policy, a convertible five year term — non-participating — in the amount of $15,000, was issued to Hubert S. Amiot on November 3, 1930. It contained the following clause:

"At the end of one year from date hereof or at any time thereafter and within five years...

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