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GOFORTH v. FRANKLIN LIFE INS. CO.

No. 45,194

202 Kan. 413 (1969)

449 P.2d 477

MARIA GOFORTH, Appellant, v. FRANKLIN LIFE INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1969.

Attorney(s) appearing for the Case

Kay McFarland, of Topeka, argued the cause, and T.M. Murrell, Jack A. Quinlan, George A. Scott and John A. Bell, of Topeka, were with her on the brief for the appellant.

Philip E. Buzick, of Topeka, argued the cause, and Robert L. Webb, Ralph W. Oman, William B. McElhenny, James D. Waugh, James L. Grimes, Jr., Donald J. Horttor, Terry L. Bullock and Edward L. Bailey, of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This action was brought by the widow of a United States Air Force officer to collect the proceeds of an insurance policy issued by the defendant on the life of her husband. Plaintiff predicated her right to recover on two alternative theories: (1) upon the policy as written, and (2) upon the policy as sought to be reformed. The trial court sustained separate motions for summary judgment in favor of the...

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