MASSACHUSETTS MUT. LIFE INS. CO. v. SMITH

No. 13685.

193 F.2d 511 (1951)

MASSACHUSETTS MUT. LIFE INS. CO. v. SMITH.

United States Court of Appeals Fifth Circuit.

On Rehearing January 11, 1952.

Further Rehearing Denied March 18, 1952.


Attorney(s) appearing for the Case

H. H. Grooms, Birmingham, Ala., for appellant.

Reid B. Barnes, James A. Simpson, Birmingham, Ala., for appellee.

Before HOLMES, STRUM, and RIVES, Circuit Judges.


Further Rehearing Denied March 18, 1952. See 194 F.2d 1006.

HOLMES, Circuit Judge.

Federal jurisdiction in this consolidated action depends solely upon diversity of citizenship. The appellant asks a declaratory judgment against the appellee with reference to two life-insurance policies issued by it on the life of Sumpter Smith. Each policy is in the sum of $5,000, and each contains a provision limiting the liability of the...

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