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ÆTNA LIFE INS. CO. v. HOOKER

No. 6059.

62 F.2d 805 (1933)

ÆTNA LIFE INS. CO. v. HOOKER.

Circuit Court of Appeals, Sixth Circuit.

January 16, 1933.

Attorney(s) appearing for the Case

Ben Goodman, Jr., of Memphis, Tenn. (Julian C. Wilson, Walter P. Armstrong, and George J. Leftwich, Jr., all of Memphis, Tenn., on the brief), for appellant.

W. H. Borsje, of Memphis, Tenn. (Chas. M. Bryan and Miles, Waring & Walker, all of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKENLOOPER, Circuit Judge.

Appellee, hereinafter referred to as plaintiff, recovered a judgment in the court below upon a policy of life insurance written by appellant upon the life of Raymond B. Sutton, a resident of Tennessee, now deceased. The statutes of Tennessee prohibit the issue of a policy of life insurance in that state except it contain "a provision that the policy * * * shall be incontestable after two years from its date, except for nonpayment of premiums...

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