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BLACKBURN v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.

No. 7767.

264 F.2d 840 (1959)

James M. BLACKBURN, Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 11, 1959.

Attorney(s) appearing for the Case

Joseph Luchini, Beckley, W. Va., for appellant.

Robert B. Sayre, Beckley, W. Va. (Floyd M. Sayre, Beckley, W. Va., on the brief), for appellee.

Before SOPER, Circuit Judge, and PAUL and BOREMAN, District Judges.

PAUL, District Judge.

This case pertains to a claim asserted by the plaintiff, James M. Blackburn, for benefits under a group insurance policy issued by defendant covering employees of Eastern Gas and Fuel Associates by which plaintiff was employed. The provision of the policy pertinent to the issue in this case is as follows:

"* * * If any employee shall furnish the company with due proof that while insured under...

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