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COLUMBIAN NAT. LIFE INS. CO. v. HARRISON

No. 4148.

12 F.2d 986 (1926)

COLUMBIAN NAT. LIFE INS. CO. v. HARRISON et al.

Circuit Court of Appeals, Sixth Circuit.

May 20, 1926.

Attorney(s) appearing for the Case

John B. Keeble and A. W. Stockell, Jr., both of Nashville, Tenn. (Keeble & Seay, of Nashville, Tenn., on the brief), for plaintiff in error.

T. T. McCarley and Nathan Cohn, both of Nashville, Tenn. (J. G. Stephenson, of Nashville, Tenn., on the brief), for defendants in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge (after stating the facts as above).

The record does not show diverse citizenship, although it probably exists. This should be made to appear properly to the court below; in default, the cases, after remand, should be dismissed for that reason. Realty Holding Co. v. Donaldson, 268 U.S. 398, 400, 45 S.Ct. 521, 69 L. Ed. 1014. The penalty claimed under the smaller policy may be added to the policy loss to make the...

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