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PACIFIC MUT. LIFE INS. CO. v. FELDMAN

No. 7477.

99 F.2d 83 (1938)

PACIFIC MUT. LIFE INS. CO. v. FELDMAN.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied October 13, 1938.

Attorney(s) appearing for the Case

Neil P. Beall, of Cleveland, Ohio (McKeehan, Merrick, Arter & Stewart, George William Cottrell, and Neil P. Beall, all of Cleveland, Ohio, on the brief), for appellant.

Wm. C. Keough, of Cleveland, Ohio (Mooney, Hahn, Loeser, Keough & Fulton and Wm. C. Keough, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and NEVIN, District Judge.

HICKS, Circuit Judge.

Suit by appellee to recover disability benefits provided in certain clauses of a life insurance policy issued to him by appellant on November 14, 1922. The provisions follow:

"Permanent Total Disability Benefit

"Should the Insured, before attaining the age of sixty years and while this policy is in full force and no premium thereon in default, become so disabled as to be totally and permanently...

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