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NEW YORK LIFE INS. CO. v. BACALIS

No. 8465.

94 F.2d 200 (1938)

NEW YORK LIFE INS. CO. v. BACALIS.

Circuit Court of Appeals, Fifth Circuit.

January 27, 1938.

Attorney(s) appearing for the Case

R. W. Shackleford, of Tampa, Fla., for appellant.

C. Edmund Worth and W. J. Bivens, both of Tampa, Fla., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

James Bacalis, as beneficiary of an insurance policy on the life of his brother Jerry, got a verdict by direction of the court, and the Insurance Company appealing contends that the evidence required submission to the jury of the issues made by special pleas in substance that the insured, who was murdered September 3, 1934, was on August 10, 1934, when he applied for the insurance, and on August 24th...

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