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TURNER v. NEW YORK LIFE INS. CO.

No. 10937.

100 F.2d 193 (1938)

TURNER v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 28, 1938.

Attorney(s) appearing for the Case

C. H. Ewald and Edgar Shook, both of Kansas City, Mo. (McCollum and Ewald, of Kansas City, Mo. on the brief), for appellant.

Richard S. Righter, of Kansas City, Mo. (George J. Mersereau and R. Arch Smith, Jr., both of Kansas City, Mo., Louis H. Cooke, of New York City and Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., on the brief), for appellee.

Before STONE, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

This is an action by beneficiary on a life insurance policy. At the close of all the evidence each party moved for a directed verdict, plaintiff reserving the right to present the case to the jury in event her peremptory motion be denied. The court entered judgment on directed verdict for the defendant and plaintiff appeals.

The one point involved in this appeal is whether the evidence was sufficient to justify submission of the case...

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