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CONTINENTAL ASSURANCE CO. v. SUPREME CONSTRUCTION CORP.

No. 23615.

375 F.2d 378 (1967)

CONTINENTAL ASSURANCE COMPANY, Appellant, v. SUPREME CONSTRUCTION CORPORATION, Supreme Developers, Inc. and Mildred Barker, Appellees. SUPREME CONSTRUCTION CORPORATION, Supreme Developers, Inc. and Mildred Barker, Appellants, v. CONTINENTAL ASSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 28, 1967.

Attorney(s) appearing for the Case

Howard Waldrop, Bun L. Hutchinson, Atchley, Russell, Hutchinson & Waldrop, Texarkana, Tex., for appellant, Victor Hlavinka, Texarkana, Tex., of counsel.

J. R. Hubbard, William B. Roberts, Harry B. Friedman, Wheeler, Hubbard, Patton & Peek, Texarkana, Tex., for appellees.

Before WISDOM, COLEMAN and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

This is a suit over whether a $75,000 life insurance policy issued by Continental Assurance Company on the life of Marion O. Barker had lapsed after expiration of the grace period following failure to pay the premium due December 5, 1961.

The District Court, sitting without a jury, found the policy was in full force and effect at Barker's death in December, 1963, that Continental had made a loan on the policy but had done so wrongfully...

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