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FRANKLIN LIFE INSURANCE CO. v. STATE NEON SIGN CO.

No. 20300.

329 F.2d 456 (1964)

The FRANKLIN LIFE INSURANCE COMPANY, Appellant, v. STATE NEON SIGN COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1964.

Attorney(s) appearing for the Case

Sam F. Lowe, Jr., Smith, Field, Ringel, Martin & Carr, Atlanta, Ga., for appellant.

Joseph S. Crespi, Clifford W. Milam, Atlanta, Ga., for State Neon Sign Co., Inc., appellee, Crespi & Milam, Atlanta, Ga., of counsel.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

State Neon Sign Company, the appellee here and the plaintiff below, was named beneficiary under two policies of insurance issued by Franklin Life Insurance Company upon the life of its president, Mr. Pickett. These policies were issued in 1959 and Mr. Pickett died in 1960, some seventeen months later but within the period of contestability. Franklin Life declined to pay on the policies, and tendered back the premiums paid which tender...

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