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DRIGGERS v. BUSINESS MEN'S ASSUR. CO. OF AMERICA

No. 13954.

199 F.2d 911 (1952)

DRIGGERS v. BUSINESS MEN'S ASSUR. CO. OF AMERICA.

United States Court of Appeals Fifth Circuit.

November 22, 1952.

Attorney(s) appearing for the Case

John J. Watts, Odessa, Tex., for appellant.

Ralph W. Malone, Dallas, Tex., Henry Russell, Pecos, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

Claiming an anticipatory breach of his policy, plaintiff below, appellant here, brought this suit to recover the present value of a health and accident policy together with penalties and attorneys' fees.

The claim in substance was: that, on or about March 7, 1948, while the policy was still in force and effect, plaintiff received an injury which rendered him totally and continuously disabled...

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