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WASHINGTON NATIONAL INSURANCE COMPANY v. BURCH

No. 18599.

293 F.2d 365 (1961)

WASHINGTON NATIONAL INSURANCE COMPANY, Appellant, v. J. D. BURCH, Appellee.

United States Court of Appeals Fifth Circuit.

August 4, 1961.

Attorney(s) appearing for the Case

J. Lundie Smith, Valdosta, Ga., for appellant.

D. Dudley Smith, Will Ed Smith, Eastman, for appellee.

Before JONES and BROWN, Circuit Judges, and DE VANE, District Judge.

DE VANE, District Judge.

This is the second appearance of this case before this Court. The decision of this Court upon the first appeal is reported in 270 F.2d 300. When the case was here before, the decision of the District Judge was reversed on the ground that the defenses sought to be interposed by the appellant were not foreclosed by the incontestable clause of the Master Policy and the case was sent back to the District Court...

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