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STATE LIFE INS. CO. OF INDIANAPOLIS, IND. v. MITCHELL

Nos. 12021, 12027.

126 F.2d 867 (1942)

STATE LIFE INS. CO. OF INDIANAPOLIS, IND., v. MITCHELL. MITCHELL v. STATE LIFE INS. CO. OF INDIANAPOLIS, IND.

Circuit Court of Appeals, Eighth Circuit.

March 30, 1942.

Attorney(s) appearing for the Case

Milton W. Mangus, of Indianapolis, Ind., and George K. Cracraft, of Helena, Ark. (Ozero C. Brewer, of Helena, Ark., on the brief), for State Life Ins. Co., of Indianapolis.

C. E. Daggett, of Marianna, Ark. (Daggett & Daggett and J. B. Daggett, all of Marianna, Ark., on the brief), for Addie W. Mitchell.

Before THOMAS and JOHNSEN, Circuit Judges, and REEVES, District Judge.

REEVES, District Judge.

This is an action by the beneficiary on a policy of life insurance. Addie W. Mitchell was the wife of the insured and the plaintiff in the trial court. She recovered judgment in the sum of $5,000, the face of the policy, with accumulated interest. The appellee on her part prosecuted a cross appeal from an adverse ruling on her claim for damages and attorney's fee.

The case was submitted to the trial court upon an agreed statement of...

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