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OLD AMERICAN LIFE INS. CO. v. BIGGERS

No. 3694.

172 F.2d 495 (1949)

OLD AMERICAN LIFE INS. CO. v. BIGGERS.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 24, 1949.

Attorney(s) appearing for the Case

Coleman Hayes, of Oklahoma City, Okl. (George J. Fagin and Monnet, Hayes & Brown, all of Oklahoma City, Okl., on the brief), for appellant.

Rex H. Holden, of Oklahoma City, Okl., for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

The Old American Life Insurance Company1 instituted this action against Biggers seeking a decree adjudging a contract to be void, or, in the alternative, that it be adjudged to terminate when Biggers had received the amount of $22,443.26 thereunder.

The Insurance Company was organized under an Act known as the Mutual Benefit Act of the State of Oklahoma, 36 Okl.St. 1941 §§ 691-712, under the name...

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