DUNCAN, District Judge.
The essential facts in this case are not in dispute. The amount involved is in excess of $3000. There is a diversity of citizenship. A jury was waived and the case submitted to the court. Exhaustive briefs have been filed by both sides.
On September 23, 1925, defendant issued its policy of insurance upon the life of Thomas J. Lee in the sum of $5000, payable to Mary E. Lee and Catherine E. Lee in equal shares, or the survivor, as beneficiaries...
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