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BELL v. PHILLIPS

No. 11337.

152 F.2d 188 (1945)

BELL v. PHILLIPS et al.

Circuit Court of Appeals, Fifth Circuit.

December 7, 1945.

Attorney(s) appearing for the Case

Barney A. Garrett, of Waco, Tex., for appellants.

Carl Cannon, of Groesbeck, Tex., and J. Manuel Hoppenstein, of Dallas, Tex., for appellees.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Emma Phillips, a citizen of Texas, claiming that there was no legally qualified beneficiary and that she was entitled to the proceeds as the surviving mother of the insured,1 sued Metropolitan Life Insurance Company in the State court2 on a group policy which insured her son, Benjamin McCullough, and named as beneficiary "Ethel McCullough, wife."

Metropolitan thereupon filed...

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