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O'BRIEN v. ELDER

No. 16630.

250 F.2d 275 (1957)

Ruth Vick O'BRIEN, Appellant, v. Thelma Rosedith Todgham Vick ELDER, and United States of America, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 29, 1958.

Attorney(s) appearing for the Case

Arthur B. Cunningham, Cunningham & Weinstein, Miami, Fla., for appellant.

Albert L. Weintraub, O. B. Cline, Jr., Asst. U. S. Atty., Miami, Fla., for appellees.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This litigation arises from a controversy over the proceeds of three life insurance policies between the administratrix of the insured's estate and the named beneficiary. The plaintiff — the administratrix — appeals from a summary judgment awarding the proceeds to the beneficiary, Mrs. Elder — the individual defendant below.

On December 1, 1955, the insured and the defendant...

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