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FRANKLIN LIFE INS. CO. OF SPRINGFIELD, ILL. v. STAATS

No. 8425.

94 F.2d 481 (1938)

FRANKLIN LIFE INS. CO. OF SPRINGFIELD, ILL., v. STAATS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 25, 1938.

Attorney(s) appearing for the Case

E. Richard Criss and Paul H. Brown, both of Harlingen, Tex., for appellant.

Osce Fristoe, of Harlingen, Tex., and V. W. Taylor, of Brownsville, Tex., for appellee.

Before FOSTER, and SIBLEY, Circuit Judges, and STRUM, District Judge.

FOSTER, Circuit Judge.

Appellee brought this suit as beneficiary to recover on a policy of life insurance in the sum of $10,000, issued to her husband, Boise Patrick Staats, by appellant; to recover a statutory penalty of 12 per cent. for delay in payment and reasonable attorney's fees. A motion to direct and verdict for defendant was overruled, the case was submitted to the jury, and a verdict was rendered as prayed for. The appeal is from the judgment entered on...

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