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FRANKLIN LIFE INS. CO. v. PARISH

No. 9189.

109 F.2d 276 (1940)

FRANKLIN LIFE INS. CO. v. PARISH.

Circuit Court of Appeals, Fifth Circuit.

January 25, 1940.

Attorney(s) appearing for the Case

John H. Carter and John H. Carter, Jr., both of Marianna, Fla., for appellant.

James H. Finch, of Marianna, Fla., and C. L. Waller, B. A. Meginniss, and Ben C. Willis, all of Tallahassee, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

In an equitable suit touching a life insurance policy of $25,000 on the life of her deceased husband, Mrs. Wilkie Parish obtained a decree that the policy was effectively reinstated as of Feb. 28, 1934, and of force on March 5, 1934, when the insured died. The insurer, Franklin Life Insurance Company, appeals.

The facts are simple and uncontested. The policy was issued May 29, 1929, at age thirty-five for an annual premium of $523. There...

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