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GOLIGHTLY v. NEW YORK LIFE INS. CO.

No. 10609.

85 F.2d 122 (1936)

GOLIGHTLY et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 31, 1936.

Attorney(s) appearing for the Case

B. J. Semmes, of Memphis, Tenn., for appellants.

R. E. King, of Memphis, Tenn. (King & King, of Memphis, Tenn., and Louis H. Cooke of New York City, on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and DEWEY, District Judge.

WOODROUGH, Circuit Judge.

This suit was brought by the brothers and sisters of Byrd H. Golightly, deceased, to recover upon a life insurance policy on his life issued to him by the defendant and duly assigned to the plaintiffs. The insurance company admitted that the premiums were paid as called for by the policy and that due proof had been made to it of the death of the insured on January 31, 1935, within the life of the policy, but it alleged that fraud was practiced...

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