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NATIONWIDE LIFE INSURANCE COMPANY v. SHANDS

No. 22432.

355 F.2d 103 (1966)

NATIONWIDE LIFE INSURANCE COMPANY, Appellant, v. Mrs. Margaret White SHANDS, Appellee.

United States Court of Appeals Fifth Circuit.

January 24, 1966.

Attorney(s) appearing for the Case

Jeff C. Wayne, Dent Bostick, Gainesville, Ga., for appellant.

Linton K. Crawford, Cornelia, Ga., A. R. Kenyon, Gainesville, Ga., Kimzey & Crawford, Cornelia, Ga., Kenyon, Kenyon & Gunter, Gainesville, Ga., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.

PER CURIAM:

In this diversity case a District Court granted summary judgment for the beneficiary under a group life policy insuring the life of Dr. Shands. On June 28, 1963, while he was yet Vice President and Chairman of the Board of the Group Employer, Dr. Shands became totally disabled. Subsequently, on July 17, 1963, he resigned these positions. He died as a result of these disabling conditions within three months on October 6, 1963. If, as claimed, there was...

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