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MUTUAL LIFE INS. CO. OF NEW YORK v. DRUMMOND

No. 11607.

111 F.2d 282 (1940)

MUTUAL LIFE INS. CO. OF NEW YORK v. DRUMMOND.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 24, 1940.

Attorney(s) appearing for the Case

James C. Jones, Jr., of St. Louis, Mo. (James C. Jones and Web A. Welker, both of St. Louis, Mo., and Louis W. Dawson, of New York City, on the brief), for appellant.

Lyon Anderson, of St. Louis, Mo. (Lambert E. Walther and Leahy, Walther, Hecker & Ely, all of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.

SANBORN, Circuit Judge.

This appeal is from a decree in favor of the insured (plaintiff-appellee), who brought a declaratory judgment suit to establish her rights to disability benefits under the provisions of a $5,000 life policy issued to her at age 16 by the appellant company on July 16, 1927.

The policy, which was an Illinois contract, contained the following pertinent provisions:

"The Mutual Life Insurance Company of New York * * * if the Insured...

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