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DIMENSTEIN v. NEW ENGLAND MUT. LIFE INS. CO.

No. 10600.

138 F.2d 679 (1943)

DIMENSTEIN v. NEW ENGLAND MUT. LIFE INS. CO. OF BOSTON, MASS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 6, 1943.

Attorney(s) appearing for the Case

James L. Permutt, Griffith R. Harsh Jr., and Francis H. Hare, all of Birmingham, Ala., for appellant.

Borden Burr, of Birmingham, Ala., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

Finding that the policy had lapsed for nonpayment of premiums, the court below directed a verdict against the appellant, in her suit on an $8,000 policy of insurance on the life of her husband wherein appellant was the beneficiary. The policy was issued on April 13, 1938, in consideration of the payment of an annual premium of $204 with the privilege of paying the premiums in quarterly installments plus six per cent. interest in lieu of the...

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