HUNTER, J.
This case comes before this court on an appeal from a summary judgment entered against the United Benefit Life Insurance Company, defendant (appellant), in favor of Maymie A. Mollett, plaintiff (respondent), for the proceeds of a life insurance policy.
At the time of the hearing upon the motion for summary judgment, April 23, 1965, the defendant interposed a motion for dismissal of the action under Rule of Pleading, Practice and Procedure 41.04W...
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