ÆTNA LIFE INSURANCE COMPANY v. GORDY

Nos. 15748, 15759.

248 F.2d 129 (1957)

ÆTNA LIFE INSURANCE COMPANY, Appellant, v. Victor G. GORDY by Mrs. V. G. Gordy, his next friend, Appellee. Victor G. GORDY by Mrs. V. G. Gordy, his next friend, Appellant, v. ÆTNA LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

As Modified on Denial of Rehearing October 28, 1957.


Attorney(s) appearing for the Case

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

H. B. Stubblefield, Little Rock, Ark., for Victor G. Gordy by Mrs. V. G. Gordy, his next friend.

Before SANBORN, WOODROUGH and VAN OOSTERHOUT, Circuit Judges.


WOODROUGH, Circuit Judge.

There was diversity of citizenship and federal jurisdiction in this case.

This action was brought originally by Victor G. Gordy but as it was claimed that he was mentally incompetent it was proceeded with on his behalf in the name of his wife as his next friend without objection.

On or about October 13, 1928 the insurance company defendant had issued two five thousand dollar life insurance policies to Mr. Gordy, each containing...

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