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NATIONWIDE LIFE INSURANCE COMPANY v. ATTAWAY

No. 7538.

254 F.2d 30 (1958)

NATIONWIDE LIFE INSURANCE COMPANY, Appellant, v. Mrs. Emmie T. ATTAWAY and John D. Attaway, III, a minor under the age of 14 years, by his Guardian ad Litem, John D. Attaway, Jr., Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 2, 1958.

Attorney(s) appearing for the Case

J. D. Todd, Jr., and Fletcher C. Mann, Greenville, S. C. (Wesley M. Walker, Greenville, S. C., on the brief), for appellant.

John K. Grisso, Anderson, S. C., for appellees.

Before SOPER, SOBELOFF and HAYNSWORTH, Circuit Judges.

SOPER, Circuit Judge.

This suit is brought by the beneficiaries of an insurance policy on the life of John D. Attaway of Williamston, South Carolina, who died at the age of 45 on February 4, 1954, as the result of a thrombosis of the coronary artery. The policy had been issued by the Nationwide Life Insurance Company on January 6, 1954, and delivered to the insured on January 15, 1954. The insurance company defended the suit on the ground that Attaway and Dr. O. M...

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