METROPOLITAN LIFE INS. CO. v. BUTTE

No. 7464.

333 F.2d 82 (1964)

METROPOLITAN LIFE INSURANCE COMPANY, a corporation, Appellant, v. Clothiel C. BUTTE, Appellee.

United States Court of Appeals Tenth Circuit.

June 8, 1964.


Attorney(s) appearing for the Case

C. Keith Rooker, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Grant H. Bagley and Clifford L. Ashton, Salt Lake City, Utah, with him on the brief), for appellant.

Robert D. Moore, Salt Lake City, Utah (Elton & Moore, Salt Lake City, Utah, on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.


PER CURIAM.

This is a diversity suit premised upon a policy of life insurance issued by the appellant company upon the life of Harry J. Butte and containing a provision that the benefits thereof were not payable if the death of the insured resulted from suicide occurring within two years from the date of issuance of the policy. Mr. Butte died within the two-year period and the controversy was submitted to the trial court upon the single issue of whether or not Mr...

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