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NORTH AMERICAN ACC. INS. CO. v. ALLENTHARP

No. 3451.

164 F.2d 9 (1947)

NORTH AMERICAN ACC. INS. CO. v. ALLENTHARP.

Circuit Court of Appeals, Tenth Circuit.

October 28, 1947.

Attorney(s) appearing for the Case

Roy C. Lytle, of Oklahoma City, Okl. (D. I. Johnston, D. C. Johnston, and Keaton, Wells, Johnston & Lytle, all of Oklahoma City, Okl., on the brief), for appellant.

Claud Briggs, of Oklahoma City, Okl. (O. A. Cargill, James R. Eagleton, and O. A. Cargill, Jr., all of Oklahoma City, Okl. on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

Allentharp1 brought this action against the North American Accident Insurance Company2 to recover benefits for total and permanent disability under a policy of accident insurance. From a judgment for the insured, the insurer has appealed.

The policy was issued and delivered to the insured in Oklahoma and the benefits were payable in Oklahoma. Its effective date was December...

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