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SPIESS v. UNITED SERVICES LIFE INSURANCE COMPANY

No. 8031.

348 F.2d 275 (1965)

Diana Weddington SPIESS, Appellant, v. UNITED SERVICES LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 8, 1965.

Attorney(s) appearing for the Case

James Parker of Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., for appellant.

Eric D. Lanphere of Iden & Johnson, Albuquerque, N. M. (Bryan G. Johnson and Richard G. Cooper, Albuquerque, N. M., on brief), for appellee.

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

MURRAH, Chief Judge.

This is an appeal from a summary judgment in a diversity suit filed in the District of New Mexico by the beneficiary of a United Services Life Insurance policy to recover its face amount due to the death of her insured aviator-husband. As finally issued, the policy contained a rider which limited recovery to the return of the premiums if the policy became a claim by "death of the Insured due to any service...

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