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PONDER v. LAMAR LIFE INS. CO.

No. 4644.

12 F.2d 257 (1926)

PONDER v. LAMAR LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 8, 1926.

Attorney(s) appearing for the Case

Joseph D. Barksdale, Otis W. Bullock, and Howard B. Warren, all of Shreveport, La., for plaintiff in error.

Eugene J. McGivney, of New Orleans, La., and W. Calvin Wells, of Jackson, Miss., for defendant in error.

Before WALKER and FOSTER, Circuit Judges, and GRUBB, District Judge.

WALKER, Circuit Judge.

This was an action by the plaintiff in error, the beneficiary named in a policy, dated September 14, 1923, in the sum of $20,000, upon the life of her deceased husband. The petition alleged that the policy was issued upon the payment of the first annual premium stipulated therein, and that the insured died on April 15, 1924. The answer to the petition denied its allegation as to the payment of premium, and averred: "* * * That the assured had...

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