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PRUDENTIAL INS. CO. OF AMERICA v. WILLSEY

No. 4812.

214 F.2d 729 (1954)

PRUDENTIAL INS. CO. OF AMERICA v. WILLSEY.

United States Court of Appeals, Tenth Circuit.

August 3, 1954.

Attorney(s) appearing for the Case

Grant H. Bagley, Salt Lake City, Utah (S. N. Cornwall, Dennis McCarthy, Clifford L. Ashton and David E. Salisbury, Salt Lake City, Utah, on the brief), for appellant.

Paul Thatcher, Ogden, Utah (Leroy B. Young and Blaine V. Glasmann, Jr., Ogden, Utah, on the brief), for appellee.

Before BRATTON and MURRAH, Circuit Judges, and KENNEDY, District Judge.

T. BLAKE KENNEDY, District Judge.

This is an action in which appellee as plaintiff in the court below sought to recover upon an insurance policy upon the life of William Edward Willsey, husband of the appellee, in the sum of $5,000 in case of death through natural causes and $10,000 in the case of accidental death of the insured, in which policy the appellee was the sole beneficiary and the appellant was the insurer.

Issues were joined and the principal defense...

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