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FRANKLIN LIFE INSURANCE COMPANY v. SMITHERS

No. 18393.

285 F.2d 875 (1961)

FRANKLIN LIFE INSURANCE COMPANY, Appellant, v. Mildred Dumatrait SMITHERS, Appellee.

United States Court of Appeals Fifth Circuit.

January 24, 1961.

Attorney(s) appearing for the Case

William A. Brinkhaus, Edward Dubuisson, Opelousas, La., for appellant.

Phil Trice, Lafayette, La., for appellee.

Before TUTTLE, Chief Judge, and BROWN and WISDOM, Circuit Judges.

TUTTLE, Chief Judge.

This appeal from a judgment for the proceeds of an insurance policy tests the correctness of the trial judge's decision that efforts made by the insured to surrender the policy had not been completed before his death.

Edward C. Smithers, on January 2, 1951, took out a policy having a face value of $5500 on his life. His wife, the plaintiff, was designated as the sole beneficiary. The policy provided that within sixty days after a premium...

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