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AMERICAN INS. UNION v. LOWRY

No. 6598.

62 F.2d 209 (1932)

AMERICAN INS. UNION v. LOWRY.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 17, 1933.

Attorney(s) appearing for the Case

Claude V. Birkhead and Harold K. Standard, both of San Antonio, Tex., for appellant.

R. F. Spencer and A. J. Lewis, both of San Antonio, Tex., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

A verdict for more than $29,000 was directed for Mrs. Lowry against American Insurance Union on a policy of insurance on the life of her husband. The policy was in his possession about a month without his having paid or definitely agreed to pay anything for it. From this result the union has appealed. The pleadings are a voluminous interchange of allegations, culminating in a prayer by the union for a reformation of the policy in equity, which...

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