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HURT v. NEW YORK LIFE INS. CO.

No. 400.

53 F.2d 453 (1931)

HURT et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

November 2, 1931.

Attorney(s) appearing for the Case

Arnold C. Todd and Austin M. Cowan, both of Wichita, Kan., for appellants.

Wm. C. Michaels, of Kansas City, Mo., and Richard E. Bird, of Wichita, Kan. (Michaels, Blackmar, Newkirk & Eager, of Kansas City, Mo., and Louis H. Cooke, of New York City, on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Counsel for plaintiffs contend, in a petition for rehearing, that section 40-330, Kansas Rev. St. 1923, was copied from section 6142, Missouri Rev. St. 1919, and that in our former opinion we erred in not following the construction placed on such statutes by the Missouri and Kansas decisions.

The provisions of the two statutes are substantially the same. We assume therefore that the Kansas statute was taken from Missouri, and that...

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