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PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. HENDERSON

No. 5989.

45 F.2d 587 (1930)

PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. HENDERSON. GREEN, Superintendent of Banks of Alabama, v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA.

Circuit Court of Appeals, Fifth Circuit.

December 19, 1930.

Attorney(s) appearing for the Case

Jim C. Smith, of Birmingham, Ala. (London, Yancey & Brower, of Birmingham, Ala., on the brief), for appellant Pacific Mut. Life Ins. Co.

W. A. Weaver and M. C. Stewart, both of Birmingham, Ala., for appellee Henderson.

Horace C. Wilkinson, of Birmingham, Ala., for appellant Green.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

These are two actions on a single insurance policy on the life of S. H. Henderson, deceased, payable to his estate; one by the administratrix of the estate, and the other by the superintendent of banks, charged by law with liquidation of the affairs of the Woodlawn Savings Bank. They were consolidated for trial. The insurance company defended both actions on the ground that the policy was a wagering contract, in that it was taken out by the bank...

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