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CLAIRELAINE GARDEN APTS. v. OCCIDENTAL LIFE INS. CO. OF CAL.

No. 18650.

290 F.2d 456 (1961)

CLAIRELAINE GARDEN APARTMENTS, INC., et al., Appellants, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 8, 1961.

Attorney(s) appearing for the Case

Henry D. Akin, Jr., Akin & Vial, Dallas, Tex., for appellants.

James McCollum Burnett, Corpus Christi, Tex., Theo F. Weiss, San Antonio, Tex., for appellee, Clemens, Knight, Weiss & Spencer, San Antonio, Tex., Lewright, Dyer & Redford, Corpus Christi, Tex., of counsel.

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

HUTCHESON, Circuit Judge.

This appeal tests for error the district judge's decision and order, entered on the undisputed facts,1 granting appellee's and denying appellants' motion for summary judgment in a suit brought to enforce the payment of the death benefits of a life insurance policy. Under the clear provisions of the policy, Clairelaine, as the beneficiary owner, held the right "to surrender...

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