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STATE LIFE INS. CO. v. ALLEN

No. 7709.

81 F.2d 618 (1936)

STATE LIFE INS. CO. v. ALLEN.

Circuit Court of Appeals, Fifth Circuit.

January 28, 1936.

Attorney(s) appearing for the Case

Ralph W. Malone, of Dallas, Tex., Thos. B. Ramey, of Tyler, Tex., and Charles F. Coffin, of Indianapolis, Ind., for appellant.

Thomas Y. Banks, of Tyler, Tex., for appellee.

Before HUTCHESON, Circuit Judge, and DAWKINS and STRUM, District Judges.

DAWKINS, District Judge.

This suit was originally filed in the state court, but was removed to the Eastern District of Texas, on the ground of diverse citizenship. The jury was waived, and there was judgment for the plaintiff below. There is no dispute as to the facts which were found by the lower court, as follows:

"The court finds that on November 24th, 1920, and on June 1st, 1921, the plaintiff, W. L. Allen, and the defendant, The State Life Insurance Company...

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