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PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. GOSS

No. 8812.

99 F.2d 658 (1938)

PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. GOSS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 13, 1938.

Attorney(s) appearing for the Case

Grover Middlebrooks, of Atlanta, Ga., for appellant.

Bond Almand, of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This case was tried without a jury, upon an agreed statement of facts. It is an action upon a policy of life insurance, in the sum of $5000, issued by appellant on March 20, 1920. Premiums were duly paid, except the semi-annual premium due September 30, 1935. The insured died more than three months thereafter without having elected any of the options provided in the policy. Thereupon, option 3 automatically provided that insurance for the face...

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