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WILLINGHAM v. EQUITABLE LIFE ASSUR. SOC.

No. 8220.

86 F.2d 72 (1936)

WILLINGHAM v. EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES. EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. WILLINGHAM.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1936.

Attorney(s) appearing for the Case

B. P. Gambrell and Reuben R. Arnold, both of Atlanta, Ga., for appellant and cross-appellee.

Robert S. Sams, of Atlanta, Ga., for appellee and cross-appellant.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant is the widow of Harold S. Willingham, deceased. As beneficiary of a life insurance policy for the principal sum of $15,000 issued to him by appellee, she brought this suit upon it as a death claim. The defense was lapse for nonpayment of premium. To meet this defense appellant put forward three contentions: (1) Payment by applying under the policy terms for and directing the application of the available loan value to pay it; (2...

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