STATE MUTUAL LIFE ASSURANCE CO. v. WITTENBERG

No. 15564.

239 F.2d 87 (1956)

STATE MUTUAL LIFE ASSURANCE COMPANY, Appellant, v. George H. WITTENBERG, Jr., Executor of the Estate of Minnie G. Wittenberg, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 9, 1957.


Attorney(s) appearing for the Case

G. Thomas Eisele, Little Rock, Ark. (E. L. McHaney, Jr., John M. Lofton, Jr., James M. McHaney, and Owens, McHaney, Lofton & McHaney, Little Rock, Ark., were with him on the brief), for appellant.

Sam Laser, Little Rock, Ark. (Cockrill, Limerick & Laser, Little Rock, Ark., were with him on the brief), for appellee.

Before WOODROUGH, VOGEL and VAN OOSTERHOUT, Circuit Judges.


VOGEL, Circuit Judge.

Minnie G. Wittenberg, widow of George H. Wittenberg, Sr., sought to recover $10,000 as beneficiary under a group life insurance contract issued by the appellant on April 1, 1953. After trial, and pending appeal to this court, Mrs. Wittenberg died, whereupon George H. Wittenberg, Jr., executor of her estate, was substituted as appellee herein.

On February 1, 1953, the appellant issued to the American Institute of Architects a master life...

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