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HOME LIFE INS. CO. OF NEW YORK v. MOON

Nos. 4571, 4572.

110 F.2d 184 (1940)

HOME LIFE INS. CO. OF NEW YORK v. MOON. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N v. SAME.

Circuit Court of Appeals, Fourth Circuit.

March 11, 1940.

Attorney(s) appearing for the Case

Wilbert H. Norton, of Huntington, W. Va., for appellant Mutual Benefit Health & Accident Ass'n.

Harry Scherr, of Huntington, W. Va., for appellant Home Life Ins. Co. of New York.

Thomas W. Peyton, of Huntington, W. Va. (Ernest E. Winters, Jr., of Huntington, W. Va., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and H. H. WATKINS, District Judge.

DOBIE, Circuit Judge.

This case involves two civil actions which, as they both involved the same single question, were, by agreement of counsel and with the consent of the court, tried together in the District Court and were by us heard together on appeal. Harriet Moon, wife of the insured as well as beneficiary under all of the insurance policies in question and plaintiff in both actions, is for convenience hereinafter called the appellee; Charles Moon (her husband...

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