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WHEILES v. ÆTNA LIFE INS. CO.

No. 6999.

68 F.2d 99 (1933)

WHEILES v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1934.

Attorney(s) appearing for the Case

John Q. Humphrey and C. J. Brannan, both of Wichita Falls, Tex., and A. E. Zellers, of Weatherford, Tex., for appellant.

Luther Hoffman and Arch Dawson, both of Wichita Falls, Tex., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge (after stating the facts).

There is no question here of a mutual mistake. Appellant in his answer adheres to his original position that at the time of trial all past due premiums on his additional insurance had been paid by his employer and deducted from his wages, and that such insurance was in full force and effect. Appellee was put upon full notice of this position by appellant's petition. The defense...

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