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GAUGHAN v. UNITED BEN. LIFE INS. CO.

No. 2421.

128 F.2d 368 (1942)

GAUGHAN v. UNITED BEN. LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

May 18, 1942.

Attorney(s) appearing for the Case

Stuart T. McAlister, of Parsons, Kan. (Harry W. Fisher, of Fort Scott, Kan., on the brief), for appellant.

Douglas Hudson, of Fort Scott, Kan. (Robert C. Foulston, George Siefkin, Samuel E. Bartlett, Lester L. Morris, George B. Powers, Carl T. Smith, C. H. Morris, and John F. Eberhardt, all of Wichita, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

John M. Gaughan sued United Benefit Life Insurance Company to recover on a policy of insurance alleged to have been issued on the life of Thomas M. Gaughan, father of plaintiff. The cause was tried to the court, defendant prevailed, and plaintiff appealed.

I. V. Ewing was the managing-branch-agent of the company. His contract of agency provided that the company should allow him certain commissions on first year premiums and on renewal...

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