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HUMMEL v. EQUITABLE ASSUR. SOC.

No. 8671.

151 F.2d 994 (1945)

HUMMEL v. EQUITABLE LIFE ASSUR. SOC.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied November 28, 1945.

Attorney(s) appearing for the Case

Carl Meyer, Frank D. Mayer, and John T. Moore, all of Chicago, Ill. (Mayer, Meyer, Austrian & Platt, of Chicago, Ill., of counsel) for appellant.

Arthur Chittick, of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

A policy for $20,000, dated July 30, 1927, was issued on the life of Saverio Ariani. It was payable to Minnie Ariani, his wife, upon receipt of proof of death of the insured during the continuance of the policy. The policy contained a provision providing that after three full years' premiums had been paid thereon, upon any subsequent default in the payment of any premium and within three months after such default, "this policy may be surrendered...

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