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FREEPORT SULPHUR CO. v. AETNA LIFE INS. CO.

No. 14356.

206 F.2d 5 (1953)

FREEPORT SULPHUR CO. v. AETNA LIFE INS. CO. AETNA LIFE INS. CO. v. FREEPORT SULPHUR CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 15, 1953.

Attorney(s) appearing for the Case

Monte M. Lemann, Monroe & Lemann, New Orleans, La., Nicholas Callan, New Orleans, La., and Thomas R. Vaughan and Pearson E. Neaman, New York City, of counsel, for Freeport Sulphur Co.

Eugene Saunders, Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., George S. Brengle, Bigham, Englar, Jones & Houston, New York City, W. Braxton Dew, Hartford Conn., for Aetna Life Ins. Co.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

STRUM, Circuit Judge.

This action was instituted by Freeport Sulphur Company to determine, by declaratory judgment, the period of duration of the contract hereinafter described, and for incidental relief. 28 U.S.C.A. §§ 2201, 2202.

Freeport is engaged in the mining of sulphur in Louisiana and Texas. In 1933, it desired to institute a pension plan for the benefit of its then and future employees, and those of its affiliated companies, by which annuities...

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