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BYRNES v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

No. 13769.

217 F.2d 497 (1954)

Ronald M. BYRNES, Appellant, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 10, 1955.

Attorney(s) appearing for the Case

Kramer, Morrison, Roche & Perry, Phoenix, Ariz., John Alan Appleman, Urbana, Ill., for appellant.

Evans, Hull, Kitchel & Jenckes, Norman S. Hull, John E. Madden, Phoenix, Ariz., Haughton Bell, New York City, for appellee.

Before BONE and POPE, Circuit Judges, and YANKWICH, District Judge.

YANKWICH, District Judge.

On July 1, 1947, the Mutual Life Insurance Company of New York, in response to an application of one Albert Francis Morairty, issued two $50,000.00 life insurance policies on the life of Albert Francis Morairty upon the payment of a premium of $1,484.00 each. Each policy was for one year. In one policy, Morairty's wife, Ruth M. Morairty, was the beneficiary. The other policy which is attached to the complaint filed in this case, states that...

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