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FIRST NAT. BANK OF MANHATTAN, KAN. v. MODERN WOODMEN

No. 73-1262.

486 F.2d 10 (1973)

FIRST NATIONAL BANK OF MANHATTAN, KANSAS, a corporation, and Mable Claire Kellams, Plaintiffs-Appellees, v. MODERN WOODMEN OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided October 24, 1973.

Attorney(s) appearing for the Case

Lee Hornbaker, Junction City, Kan., for defendant-appellant.

Richard D. Rogers, Manhattan, Kan., for plaintiffs-appellees.

Before CLARK, Associate Justice, LEWIS, Chief Judge, and HILL, Circuit Judge.

PER CURIAM:

The appellant, Modern Woodmen of America [Woodmen] issued its insurance policy on May 28, 1968, covering the life of Rupert Allen Kellams, a merchant residing in Manhattan, Kansas. Kellams died on April 4, 1970, and Woodmen denied liability on the policy, claiming that he had made certain misrepresentations in his "Statement to Medical Examiner" filed with the company. First National Bank of Manhattan, to whom the insurance policy was pledged to secure...

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