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NEW YORK LIFE INS. CO. v. COOPER

No. 3314.

158 F.2d 257 (1946)

NEW YORK LIFE INS. CO. v. COOPER.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 6, 1946.

Attorney(s) appearing for the Case

William H. Martin, of Tulsa, Okl. (William F. Tucker, of Tulsa, Okl., on the brief), for appellant.

Garrett Logan, of Tulsa, Okl. (Villard Martin and Virgil Hicks, both of Tulsa, Okl., on the brief), for appellee.

Before HUXMAN and MURRAH, Circuit Judges, and BROADDUS, District Judge.

HUXMAN, Circuit Judge.

The insured, whose death gave rise to this litigation, carried two identical policies of life insurance, except as to the amount of coverage, in the New York Life Insurance Company. The policies were delivered in Kansas and are Kansas contracts. In addition to the regular coverage, the policies provided that the company would pay double the amount of the face thereof if the death of the insured resulted...

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