SYMES, District Judge.
By agreement these two cases were argued and briefed as one on the question raised by the defendant's motion to dismiss, i. e., does the complaint state a claim upon which relief can be granted?
We accept plaintiff's statement that:
"This suit is to recover the sum of ten thousand dollars ($10,000.00) under a double indemnity clause contained in a life insurance policy. The single indemnity has been paid.
"The insured...
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