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FIDELITY & CASUALTY CO. v. PHELPS

No. 3429.

64 F.2d 233 (1933)

FIDELITY & CASUALTY CO. OF NEW YORK v. PHELPS et ux.

Circuit Court of Appeals, Fourth Circuit.

April 4, 1933.

Attorney(s) appearing for the Case

Harriet L. French and D. E. French, both of Bluefield, W. Va. (French, Easley, Easley & French, of Bluefield, W. Va., on the brief), for appellant.

George Richardson, Jr., of Bluefield, W. Va. (Albert S. Kemper, Jr., of Bluefield, W. Va., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

This suit in equity was brought in the District Court of the United States for the Southern District of West Virginia to cancel a life and accident insurance policy issued on December 3, 1923, to one J. Frank Phelps, in which policy his wife, Hettie G. Phelps, was named as beneficiary.

The bill was filed in October, 1931, by appellant (who will be here referred to as plaintiff), and a motion...

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