POLK COUNTY, GEORGIA v. LINCOLN NATIONAL LIFE INS. CO.

No. 17234.

262 F.2d 486 (1959)

POLK COUNTY, GEORGIA, Appellant, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 13, 1959.


Attorney(s) appearing for the Case

Marson G. Dunaway, Jr., Rockmart, Ga., Glenn T. York, Jr., Cedartown, Ga., for appellant.

W. Colquitt Carter, Atlanta, Ga., Henry A. Stewart, Sr., Cedartown, Ga., Bryan, Carter, Ansley & Smith, Atlanta, Ga., for appellee.

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


JONES, Circuit Judge.

The appellant, Polk County, Georgia, is a body corporate. Ga.Const. Art. XI, Sec. I, Par. I. In 1952 the County, acting through its Board of Commissioners of Roads and Revenues, applied to the appellee insurance company for life insurance and health, accident, sickness and hospital insurance for employees of the County. Pursuant to the applications insurance policies were issued under a contributory...

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