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METROPOLITAN LIFE INSURANCE COMPANY v. FUGATE

No. 19063.

313 F.2d 788 (1963)

METROPOLITAN LIFE INSURANCE COMPANY, Appellant, v. Lucille L. FUGATE, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 28, 1963.

Attorney(s) appearing for the Case

John Bell, John Arthur Jones, Knight, Bell & Jones, Tampa, Fla., for appellant.

James A. Franklin, Jr., John W. Emerson, Jr., Henderson, Franklin, Starnes & Holt, Fort Myers, Fla., for appellee.

Before RIVES, CAMERON and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

Lucille L. Fugate sued Metropolitan Life Insurance Company, a New York corporation, in the Circuit Court of Lee County, Florida, because of the refusal of the company to pay her, as beneficiary and absolute owner, the proceeds of a policy issued by Metropolitan on August 25, 1959, in the amount of $100,000.00 upon the life of her husband, Fred J. Fugate, who died on May 24, 1960, while the policy was in force. She also claimed judgment for interest...

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