MOODY v. NEW YORK LIFE INSURANCE COMPANY

No. 17349.

262 F.2d 588 (1959)

Athaniel H. MOODY, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 29, 1959.


Attorney(s) appearing for the Case

James D. Hester, of Gartin & Hester, Laurel, Miss., for appellant.

Thomas H. Watkins, Jackson, Miss., Watkins & Eager, Jackson, Miss., of counsel, for appellee.

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


PER CURIAM.

This is an appeal from a summary judgment entered for the defendant on a record which both parties agree presents no dispute of fact but only a clear cut issue of law and in which both plaintiff and defendant moved for summary judgment. Here, insisting that the case was wrongly decided, plaintiff-appellant vigorously attacks the opinion and judgment as without support in law, while appellee as strongly asserts the contrary.

Because, in our opinion...

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