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BEAMAN v. PACIFIC MUTUAL LIFE INSURANCE COMPANY

No. 10602.

369 F.2d 653 (1966)

Joseph H. BEAMAN, Appellant, v. PACIFIC MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 1, 1966.

Attorney(s) appearing for the Case

Leonard B. Sachs, Norfolk, Va. (Kanter, Kanter & Sachs, Norfolk, Va., on brief), for appellant.

Hugh L. Patterson, Norfolk, Va. (John M. Hollis and Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BELL and WINTER, Circuit Judges.

WINTER, Circuit Judge:

The district judge, on the authority of Mutual Life Ins. Co. of New York v. Moyle, 116 F.2d 434 (4 Cir. 1940), dismissed, for lack of jurisdiction, a complaint for a declaratory judgment in which appellant sought a declaration that he was permanently and totally disabled under the terms of a health and accident policy issued by appellee and also sought recovery of $69,884.00, based upon the monthly benefit under...

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