MARKER v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 17961.

273 F.2d 258 (1959)

Mary E. MARKER, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 2, 1960.


Attorney(s) appearing for the Case

Horace P. Shelton, Jr., Hoyo, Shelton & Haight, San Antonio, Tex., for Mary E. Marker, appellant.

Grady Barrett, James D. Baskin, Jr., San Antonio, Tex., for appellee.

Before RIVES, Chief Judge, and HUTCHESON and TUTTLE, Circuit Judges.


HUTCHESON, Circuit Judge.

Brought on November 4, 1958, by The Prudential Insurance Company of America, the insurer, against Mary E. Marker, the beneficiary in each of the policies in suit, the suit was for a declaratory judgment determining the liability of appellee on two insurance contracts issued by it on the life of Andrew R. Marker, Jr., husband of appellant.

One of the policies, dated April 22, 1955, provided for a face amount of $5000, decreasing term...

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