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FIDELITY MUT. LIFE INS. CO. v. MERCHANTS' & M. BANK

No. 7227.

71 F.2d 777 (1934)

FIDELITY MUT. LIFE INS. CO. v. MERCHANTS' & MECHANICS' BANK et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 23, 1934.

Attorney(s) appearing for the Case

C. Baxter Jones and A. O. B. Sparks, both of Macon, Ga., for appellant.

Orville A. Park and Harry S. Strozier, both of Macon, Ga., for appellees.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

On removal to the federal court the case was repleaded so as to stand as a suit by Merchants' & Mechanics' Bank against Fidelity Mutual Life Insurance Company to recover the face value of a policy on the life of one Hawkes which had been absolutely assigned to the bank with the company's consent. The defense was that the policy had, pursuant to an option in it, been surrendered by the bank on December 26, 1930, the day before Hawkes

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