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MORGAN v. E. J. EVANS COMPANY

No. 17472.

266 F.2d 423 (1959)

John Gordon MORGAN, Appellant, v. E. J. EVANS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 5, 1959.

Attorney(s) appearing for the Case

R. Bruce Jones, Jones, Adams, Paine & Foster, West Palm Beach, Fla., for appellant.

T. J. Blackwell, Robert Asti, Melvin T. Boyd, Blackwell, Walker & Gray, Miami, Fla., for appellee.

Before RIVES and TUTTLE, Circuit Judges, and SIMPSON, District Judge.

TUTTLE, Circuit Judge.

In 1937 John Gordon Morgan was a stockholder, officer and director of the E. J. Evans Company. On January 7th of that year, on an application signed by him, a policy of endowment and life insurance was issued on Morgan's life. All premiums were paid by the Evans Company. The beneficiary provisions were as follows:

"— The E. J. Evans Company, Incorporated, Van Wert, Ohio — (herein...

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