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NEW YORK LIFE INSURANCE COMPANY v. JOHNSTON

No. 17083.

256 F.2d 115 (1958)

NEW YORK LIFE INSURANCE COMPANY, Appellant, v. Henry P. JOHNSTON, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

June 10, 1958.

Attorney(s) appearing for the Case

Andrew J. Thomas, Birmingham, Ala. (Burr, McKamy, Moore & Thomas, Birmingham, Ala., of counsel), for appellant.

Burgin Hawkins, Robert C. Garrison, Birmingham, Ala., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a judgment for the plaintiff in an action for the double indemnity provided in two life insurance policies each in the face amount of five thousand dollars. The pertinent provisions in the two policies are identical, being as follows:

"Double DOUBLE THE FACE OF THIS POLICY Indemity

upon receipt of due proof that the death of the Insured...

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