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CORTEZ v. LIFE INSURANCE COMPANY OF NORTH AMERICA

No. 19189.

408 F.2d 500 (1969)

Marilyn Agnes CORTEZ, Individually, and as Administratrix of the Estate of Joseph M. Cortez, Appellants, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Appellee.

United States Court of Appeals Eighth Circuit.

March 13, 1969.

Attorney(s) appearing for the Case

Adam A. Kreuter, of Claassen, Kreuter & Ibeling, Cedar Rapids, Iowa, for appellants.

Wayne C. Collins, of Shuttleworth & Ingersoll, Cedar Rapids, Iowa, for appellee.

Before MATTHES, MEHAFFY and HEANEY, Circuit Judges.

MEHAFFY, Circuit Judge.

This appeal lies from a judgment notwithstanding the verdict entered by the district court after trial in a declaratory judgment action brought by appellee, Life Insurance Company of North America, for determination of its liability in the sum of $13,000.00 upon an application, conditional receipt and prepayment of premium by Joseph M. Cortez, who died prior to the issuance of any policy but subsequent to a medical examination by appellee's...

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