MUTUAL LIFE INSURANCE CO. OF NEW YORK v. ELLISON

No. 15338.

223 F.2d 686 (1955)

The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Appellant, v. William H. ELLISON, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 12, 1955.


Attorney(s) appearing for the Case

Norman Stallings, R. W. Shackleford, Shackleford, Farrior, Shannon & Stallings, Tampa, Fla., of counsel, for appellant.

Walter G. Ramseur, Jack Clark, Ramseur, Bradham & Clark, St. Petersburg, Fla., of counsel, for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges


TUTTLE, Circuit Judge.

Appellant here appeals from a judgment of the court below resulting from a trial in which the jury was waived, permitting appellee to recover as for a total disability under the disability provisions of two life insurance policies issued by appellant.1

Since this court can reverse the judgment below only if we find such judgment clearly erroneous, we set out the facts generally as contended for by appellee...

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