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NEW YORK LIFE INS. CO. v. COOPER

No. 3588.

167 F.2d 651 (1948)

NEW YORK LIFE INS. CO. v. COOPER et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 10, 1948.

Attorney(s) appearing for the Case

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

Garrett Logan, of Tulsa, Okl. (Villard Martin, Virgil Hicks, Thomas M. Finney, and Robert J. Stanton, all of Tulsa, Okl., on the brief), for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action for a declaratory judgment.

Nana M. Cooper and Mary Cooper are the beneficiaries under a policy of life insurance issued by the New York Life Insurance Company1 on the life of Conrad E. Cooper.2 The insured died October 22, 1942.

The policy contained a double indemnity provision reading as follows:

"The Double Indemnity specified on the first...

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