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KILLPACK v. NATIONAL OLD LINE INSURANCE COMPANY

No. 5161.

229 F.2d 851 (1956)

Ardis Gadd KILLPACK, and Ardis Gadd Killpack, as Executrix of the Estate of Theron William Killpack, Deceased, Appellants, v. NATIONAL OLD LINE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

January 16, 1956.

Attorney(s) appearing for the Case

Clair M. Aldrich, Provo, Utah, for appellants.

Peter W. Billings, Salt Lake City, Utah, for appellee.

Before PHILLIPS and MURRAH, Circuit Judges, and RICE, District Judge.

RICE, District Judge.

Appellant, Ardis Gadd Killpack, brought an action in her individual capacity as the proposed beneficiary of an insurance policy and, in addition, other alternative causes in her representative capacity as executrix of the estate of her deceased husband, Theron W. Killpack, to recover from the National Old Line Insurance Company, appellee, under an alleged life insurance contract. The trial court sustained appellee's motion for summary judgment...

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