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NEW YORK LIFE INS. CO. v. GOLIGHTLY

No. 10994.

94 F.2d 316 (1938)

NEW YORK LIFE INS. CO. v. GOLIGHTLY et al.

Circuit Court of Appeals, Eighth Circuit.

January 31, 1938.

Attorney(s) appearing for the Case

Earl King, of Memphis, Tenn. (Louis H. Cooke, of New York City, and King, Taylor & King, of Memphis, Tenn., on the brief), for appellant.

B. J. Semmes, of Memphis, Tenn., for appellees.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is a suit at law upon a life insurance policy issued by appellant upon the life of Byrd H. Golightly for $12,500. The insured applied and was examined by the company's doctor for the insurance on February 15, 1934. The policy is dated February 27, 1934, and was delivered to the insured on March 2, 1934. The death of the insured occurred on January 31, 1935.

The plaintiffs below were the beneficiaries under the policy, the brothers...

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