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PECKHAM v. METROPOLITAN LIFE INSURANCE COMPANY

No. 183-68.

415 F.2d 312 (1969)

W. T. PECKHAM, Administrator of the Estate of Goldie W. Swinney, Plaintiff-Appellee, v. METROPOLITAN LIFE INSURANCE COMPANY, an Insurance Corporation, Defendant, and Edith Swinney, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

September 10, 1969.

Attorney(s) appearing for the Case

Fred R. Vieux, Augusta, Kan., for plaintiff-Appellee.

Gerald L. Michaud, Wichita, Kan. (Orval I. Fisher, Wichita, Kan., with him on brief) for defendant-appellant.

Before MURRAH, Chief Judge, and PHILLIPS and HICKEY, Circuit Judges.

MURRAH, Chief Judge.

In this Kansas diversity case, the plaintiff-appellee, Goldie W. Swinney,1 seeks the proceeds of a group insurance policy. The policy was issued by Metropolitan Life Insurance Company for the benefit of employees of Socony-Mobil Oil Company, Inc. The deceased, William J. Swinney, was employed by Mobil at the time of his death and admittedly covered by the group policy.

The real dispute is between Goldie Swinney...

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