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EQUITABLE LIFE ASSUR. SOC. v. MacKIRGAN

No. 8195.

86 F.2d 271 (1936)

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

Circuit Court of Appeals, Fifth Circuit.

November 10, 1936.

Attorney(s) appearing for the Case

Robert S. Sams, of Atlanta, Ga., for appellant.

Eugene M. Mitchell and B. L. Milling, both of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Mrs. Laura Kear MacKirgan, as beneficiary of her husband's life insurance policy for $10,000 issued by the Equitable Life Assurance Society, recovered judgment for the insurance less a loan against the policy. The errors assigned on this appeal are a refusal to direct the verdict for the defendant, and two refusals to charge as requested and two charges otherwise. The pleadings admit that the insured failed to pay the quarterly premium which...

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