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JOHN HANCOCK MUTUAL LIFE INSURANCE CO. v. SCHRODER

No. 21776.

349 F.2d 406 (1965)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellant, v. Peggy L. Pittman SCHRODER and D. L. Schroder, Appellees.

United States Court of Appeals Fifth Circuit.

August 3, 1965.

Attorney(s) appearing for the Case

Judson R. Wood, Thomas B. Weatherly, Vinson, Elkins, Weems & Searls, Houston, Tex., Tarlton Morrow, Houston, Tex., of counsel, for appellant.

Craig C. Cantey, Jr., Foreman, Dyess, Prewett, Henderson & Cantey, Houston, Tex., Wayne G. Dotson, Edwin H. Frank, Jr., Houston, Tex., of counsel, for appellees.

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

FRIENDLY, Circuit Judge:

The plaintiffs, claiming on a certificate of insurance issued to Wayne V. Pittman under a group life insurance policy taken out by Lykes Brothers, Incorporated, sued the defendant insurer in a Texas court to recover the face amount of the policy, attorneys' fees, and the 12% late-payment penalty provided by Texas Insurance Code, art. 3.62, V.A.T.S. The defendant removed the case to the District Court for the Southern District of Texas on the...

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