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EMBRY v. EQUITABLE LIFE ASSURANCE SOCIETY OF U.S.

No. 535-70.

451 F.2d 472 (1971)

Betty N. EMBRY, Plaintiff-Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 26, 1971.

Attorney(s) appearing for the Case

Gerald Sawatzky, Wichita, Kan. (Robert C. Foulston, Robert N. Partridge, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., of counsel, on the brief), for plaintiff-appellant.

Ronald M. Gott, Wichita, Kan. (Wesley A. Weathers, Lilleston, Spradling, Gott, Stallwitz & Hope, Wichita, Kan., of counsel, on the brief), for defendant-appellee.

Before PHILLIPS, MURRAH and BREITENSTEIN, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

In February 1968, Betty N. Embry commenced this action in the District Court of Sedgwick County, Kansas, against The Equitable Life Assurance Society of the United States to recover accidental death benefits under four policies of insurance issued by it to her husband, E. Ned Embry. She will be referred to hereinafter as Mrs. Embry, or the beneficiary ; he, either as Embry or the insured ; and it, as Equitable.

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