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KORTZ v. GUARDIAN LIFE INS. CO.

No. 2858.

144 F.2d 676 (1944)

KORTZ v. GUARDIAN LIFE INS. CO. OF AMERICA.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 19, 1944.

Writ of Certiorari Denied October 9, 1944.

Attorney(s) appearing for the Case

Samuel S. Ginsberg and Nathan H. Creamer, both of Denver, Colo. (Simon Quiat, of Denver, Colo., on the brief), for appellant.

Lowell White, of Denver, Colo., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

Writ of Certiorari Denied October 9, 1944. See 65 S.Ct. 63.

BRATTON, Circuit Judge.

Guardian Life Insurance Company of America issued its policy of insurance covering the life of Harry Kortz. The policy contains a provision that during total and permanent disability, the company will pay the insured a specified sum monthly and will waive the payment of premiums. The insured recovered judgment in the state court for disability benefits up to March 21, 1939...

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