HABERMAN v. EQUITABLE LIFE ASSURANCE SOCIETY OF U. S.

No. 15330.

224 F.2d 401 (1955)

R. A. HABERMAN, Jr., Independent Executor of the Estate of Elizabeth H. Gravis, Deceased, Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 16, 1955.


Attorney(s) appearing for the Case

Frank M. Rosson, Fritz K. Knust, San Antonio, Tex., for appellant.

Garrett R. Tucker, Jr., Houston, Tex., Baker, Botts, Andrews & Shepherd, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


Rehearing Denied September 16, 1955. See 225 F.2d 837.

TUTTLE, Circuit Judge.

This appeal is from a declaratory judgment holding that appellant, hereinafter called Haberman, is not entitled to restitution or refund of the consideration paid by his testatrix to appellee, hereinafter called Equitable, for a certain annuity policy, in excess of the payments already made to testatrix or her estate. The following statement of the...

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