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NEW ENGLAND MUT. LIFE INS. CO. v. CLINCHFIELD COAL CORP.

No. 2357.

9 F.2d 46 (1925)

NEW ENGLAND MUT. LIFE INS. CO. OF BOSTON, MASS., v. CLINCHFIELD COAL CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

October 20, 1925.

Attorney(s) appearing for the Case

Harold A. Ritz, of Charleston, W. Va. (Brown, Jackson & Knight, of Charleston, W. Va., on the brief), for plaintiff in error and cross-defendant in error.

Joseph M. Sanders, of Bluefield, W. Va., and Walter H. Robertson, of Warrenton, Va. (Morison, Morison & Robertson, of Bristol, Va., and Sanders, Crockett & Fox, of Bluefield, W. Va., on the brief), for defendant in error and cross-plaintiff in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WADDILL, Circuit Judge.

Defendant in error instituted its action at law in the circuit court of Mercer county, W. Va., to recover under a certain policy of insurance issued by the plaintiff in error on the life of Clarence Brewer Sweet. The policy was made payable to the National Lumber Company, Inc., and was subsequently assigned to the defendant in error. The suit was regularly removed into the United States District Court, where it was docketed and tried, resulting...

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