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EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES v. FRY

No. 24290.

386 F.2d 239 (1967)

EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES et al., Appellants, v. Henry Lee FRY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 28, 1967.

Attorney(s) appearing for the Case

Ronald L. Reid, Atlanta, Ga., Alston, Miller & Gaines, Atlanta, Ga., of counsel, for appellants Equitable Life Assur. Soc. of United States, and Lumbermens Mut. Casualty Co.

Sam F. Lowe, Jr., Atlanta, Ga., Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., of counsel, for appellant Metropolitan Life Ins. Co.

Nolan B. Harmon, G. William Thackston, Jr., Archer D. Smith, III, Atlanta, Ga., Harmon & Thackston, Atlanta, Ga., for appellees Henry Lee Fry and Citizens and Southern Nat. Bank, as coexecutors under will of Elmer Lee Fry, deceased.

Buckner F. Melton, Macon, Ga., Melton, McKenna & House, Macon, Ga., of counsel, for Mary Elizabeth Fry, Martha Regina Fry and David Lee Fry, by and through Mrs. Anne Fry Malone, as next friend, plaintiffs-intervenors, appellees.

Before TUTTLE, GEWIN and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

In this diversity matter four separate actions alleging breach of contracts of insurance were consolidated for trial before a jury and resulted in a verdict for plaintiffs. Suits were brought by the co-executors of the estate of the deceased insured, Dr. Elmer Lee Fry, to enforce payment of accidental death benefits alleged to be due under the provisions of insurance policies issued to the deceased, plus statutory penalties and attorneys...

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