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ELLIOTT v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY

Civ. A. No. 66-478.

279 F.Supp. 903 (1967)

John S. ELLIOTT and Fredda Caldwell Elliott, Plaintiffs, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a corporation, Defendant.

United States District Court N. D. Alabama, S. D.

February 10, 1967.

Attorney(s) appearing for the Case

William G. West, Jr., and the firm of Sirote, Permutt, Friend & Friedman, Birmingham, Ala., for plaintiffs.

Ralph B. Tate and the firm of Spain, Gillon, Riley, Tate & Ansley, Birmingham, Ala., for defendant.

OPINION ON MOTIONS FOR SUMMARY JUDGMENT

GROOMS, District Judge.

Each of the parties herein has filed a motion for summary judgment. Plaintiffs' motion has been once and the defendant's motion twice amended. The motions are accompanied by affidavits, and documents which are stipulated as to authenticity.

Plaintiffs are beneficiaries of a life insurance policy issued by the defendant upon the life of Donald G. Elliott in the principal sum of $15,000...

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