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ROOSTH v. LINCOLN NATIONAL LIFE INSURANCE COMPANY

No. 17426.

269 F.2d 171 (1959)

Rosa Lee ROOSTH, Appellant, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 4, 1959.

Attorney(s) appearing for the Case

Charles F. Potter and Spruiell, Lowry, Potter, Lasater & Guinn, Tyler, Tex., for appellant.

Thomas B. Ramey, Jack W. Flock, Tyler, Tex., Gordon C. Reeves, J. T. Deitschel, Fort Wayne, Ind., Ramey, Brelsford, Hull & Flock, Tyler, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

CAMERON, Circuit Judge.

December 24, 1956, Dr. Harold Roosth (insured), a practicing physician in Tyler, Texas, applied to The Lincoln National Life Insurance Company (insurer) for $50,000 life insurance with appellant Rosa Lee Roosth, his wife, as beneficiary. The policy was issued on the same date after the usual medical examination and was delivered to insured soon thereafter. After paying two monthly premiums the insured died February 7, 1957, the death certificate...

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