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MUTUAL LIFE INS. CO. OF NEW YORK v. DAVIS

No. 10844.

142 F.2d 332 (1944)

MUTUAL LIFE INS. CO. OF NEW YORK v. DAVIS et al.

Circuit Court of Appeals, Fifth Circuit.

May 12, 1944.

Attorney(s) appearing for the Case

Louis W. Dawson, of New York City, and Richard B. Montgomery, Jr., of New Orleans, La., for appellant.

Thos. F. Porter, of Lake Charles, La., for appellees.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

McCORD, Circuit Judge.

The Mutual Life Insurance Company of New York issued a policy of insurance, which among other things, provided for the payment of $100 per month and waiver of payment of premiums in the event that Maurice J. Muller, the insured, became totally and permanently disabled within the provisions of the policy.

The insured made proof of total and permanent disability to the Insurance Company, claiming that on June 13, 1936, he suffered a complete...

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