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RHODES v. METROPOLITAN LIFE INS. CO.

No. 12420.

172 F.2d 183 (1949)

RHODES v. METROPOLITAN LIFE INS. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 31, 1949.

Attorney(s) appearing for the Case

Calvin E. Hardin, Jr., of Baton Rouge, La., for appellant.

C. V. Porter and Ben B. Taylor, both of Baton Rouge, La., for appellee.

Before HUTCHESON, WALLER and LEE, Circuit Judges.

LEE, Circuit Judge.

Appellant, as beneficiary, brought this suit to recover the proceeds of a $20,000 policy of insurance issued by the appellee, defendant below, on the life of Jacob M. Dampf, appellant's former business partner now deceased. Dampf applied for the insurance on June 19, 1947; on September 11, 1947, less than three months later, he died of coronary thrombosis. The company refused payment, claiming that the...

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