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WESTPHAL v. KANSAS CITY LIFE INS. CO.

Nos. 7824, 7825.

126 F.2d 76 (1942)

WESTPHAL et al. v. KANSAS CITY LIFE INS. CO. (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 26, 1942.

Attorney(s) appearing for the Case

Arnold C. Otto, of Milwaukee, Wis., for appellant Westphal.

Bernard V. Brady, A. McC. Schlesinger, and John W. O'Boyle, all of Milwaukee, Wis. (Olwell & Brady, of Milwaukee, Wis., of counsel), for Kansas City Life Ins. Co.

Before EVANS, KERNER, and MINTON, Circuit Judges.

KERNER, Circuit Judge.

These appeals are from a judgment entered upon a jury verdict for the plaintiffs in their action to recover as beneficiaries on three insurance policies issued by the defendant upon the life of F. Gilbert Westphal. Westphal disappeared on November 5, 1931, and the jury found that he died before any of the lapse dates of the three policies — the earliest lapse date being 21 days after his disappearance. The Insurance Company raises as...

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