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COMMUNITY NAT. LIFE INS. CO. v. PARKER SQUARE SAV. & L. ASS'N

No. 9961.

406 F.2d 603 (1969)

COMMUNITY NATIONAL LIFE INSURANCE COMPANY, an Insurance Corporation, Appellant, v. PARKER SQUARE SAVINGS AND LOAN ASSOCIATION, a Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

January 29, 1969.

Attorney(s) appearing for the Case

H. G. Bill Dickey, Tulsa, Okl., for appellant.

Philip L. Savage and John A. Johnson, Oklahoma City, Okl., for appellee.

Before LEWIS and HICKEY, Circuit Judges, and THEIS, Judge.

HICKEY, Circuit Judge.

The beneficiary in a life insurance policy sued the insurer to recover death benefits under the policy. The insurer defended on the grounds that the policy had lapsed for nonpayment of premiums. The first trial was tried to a jury and resulted in a verdict for the insurer. Thereafter the trial court, upon a timely motion, set aside the verdict and granted a new trial. An appeal was perfected to this court which was dismissed on the grounds that...

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