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OCCIDENTAL LIFE INS. CO. v. HOLCOMB

No. 4616.

10 F.2d 125 (1925)

OCCIDENTAL LIFE INS. CO. v. HOLCOMB.

Circuit Court of Appeals, Fifth Circuit.

December 30, 1925.

Attorney(s) appearing for the Case

W. M. Bates, F. H. Lowrance, and C. H. Read, all of Dallas, Tex., for plaintiff in error.

W. P. McLean, Jr., of Fort Worth, Tex. (McLean, Scott & Sayers, of Fort Worth, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This is a suit on a policy of life insurance. It was filed originally in the Forty-Ninth judicial district court of Tarrant county, Tex., and removed to the District Court. The policy provided for indemnity of $2,500 for death from ordinary causes, and a rider was attached giving double benefit in case of death by accident. Prior to the bringing of suit, defendant had tendered the face of the policy, less $18.80, a balance due on account of...

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