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STONER v. NEW YORK LIFE INS. CO.

No. 74.

311 U.S. 464 (1940)

61 S.Ct. 336

85 L.Ed. 284

STONER v. NEW YORK LIFE INSURANCE CO.

Supreme Court of United States.

Decided December 23, 1940.

Attorney(s) appearing for the Case

Mr. Kendall B. Randolph submitted for petitioner.

Mr. William H. Becker, with whom Messrs. Paul M. Peterson and Louis H. Cooke were on the brief, for respondent.

MR. JUSTICE MURPHY delivered the opinion of the Court.

Respondent insurance company brought this suit in the federal district court for a declaratory judgment that it was no longer obligated to make disability payments to petitioner or to waive payment of premiums under the total disability clauses of insurance policies issued to petitioner prior to 1931. The question is whether the Circuit Court of Appeals should have followed two decisions of the Kansas City Court...

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