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HICKS v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 3985.

83 F.2d 275 (1936)

HICKS v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Fourth Circuit.

April 15, 1936.

Attorney(s) appearing for the Case

J. H. Bridgers, of Henderson, N. C. (Pittman, Bridgers & Hicks, of Henderson, N. C., on the brief), for appellant.

Lyn Bond, of Tarboro, N. C. (Frederick L. Allen, of New York City, and Gilliam & Bond, of Tarboro, N. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

On February 27, 1935, the insured brought suit under a disability provision of a life insurance policy to recover the sum of $6,150, which he claimed to be due by reason of total and permanent disability for bodily disease during the period of 10 years and 3 months prior to January 1, 1935. At the trial of the case, the District Court directed a verdict for the defendant upon the issues submitted to the jury. The court found, with respect to...

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