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JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY v. TUGGLE

No. 6739.

303 F.2d 113 (1962)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation, Appellant, v. C. E. TUGGLE, individually and as Administrator of the Estate of Carrol E. Tuggle, deceased, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 16, 1962.

Attorney(s) appearing for the Case

Ben L. Burdick, Oklahoma City, Okl. (Robert W. Pittman, and Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl., on the brief), for appellant.

John A. Johnson, Oklahoma City, Okl. (Savage, Gibson, Benefield & Shelton, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BRATTON, Circuit Judge.

C. E. Tuggle, hereinafter referred to as the beneficiary, was the father of Carrol E. Tuggle, deceased, hereinafter referred to as the insured. The beneficiary instituted this action in the United States Court for Western Oklahoma against John Hancock Mutual Life Insurance Company to recover upon a policy of insurance covering the life of the insured. The defenses were that the policy never went into...

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