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LOWE'S NORTH WILKESBORO HDWRE. v. FIDELITY MUT. LIFE INS. CO.

No. 8756.

319 F.2d 469 (1963)

LOWE'S NORTH WILKESBORO HARDWARE, INC., Appellant, v. The FIDELITY MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 13, 1963.

Attorney(s) appearing for the Case

William D. Caffrey, Greensboro, N. C. (Welch Jordan, Greensboro, N. C., John Hall, and William McElwee, North Wilkesboro, N. C., on brief), for appellant.

Richard L. Wharton and C. R. Wharton, Greensboro, N. C. (Wharton, Ivey & Wharton, Greensboro, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, J. SPENCER BELL, Circuit Judge, and MICHIE, District Judge.

SOBELOFF, Chief Judge.

A problem in choice of laws is presented in this appeal from a decision of the United States District Court for the Middle District of North Carolina. The controversy is as to whether North Carolina or Pennsylvania law governs plaintiff's cause of action.

Lowe's North Wilkesboro Hardware, Inc., was designated primary beneficiary in an application for a $200,000 life insurance policy on the life of its president, Henry Carl Buchan, Jr...

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