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LEACH v. MILLERS LIFE INSURANCE COMPANY OF TEXAS

No. 24496.

400 F.2d 179 (1968)

Mrs. Lewis Earl LEACH, Appellant, v. The MILLERS LIFE INSURANCE COMPANY OF TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

September 16, 1968.

Attorney(s) appearing for the Case

Tom S. Lee, Roy Noble Lee, Forest, Miss., J. B. Everett, Decatur, Miss., for appellant.

Walter W. Eppes, Jr., Meridian, Miss., E. P. Lobrano, Jr., Satterfield, Shell, Williams & Buford, Jackson, Miss., and Huff, Williams, Gunn, Eppes & Crenshaw, Meridian, Miss., of counsel, for appellee.

Before GEWIN and COLEMAN, Circuit Judges, and HUGHES, District Judge.

GEWIN, Circuit Judge:

The Millers Life Insurance Company of Texas, the insurer, filed a petition for declaratory judgment in the United States District Court for the Southern District of Mississippi seeking a declaration of no liability on a life insurance policy in the amount of $15,000 which it issued on the life of the insured, Lewis Earl Leach. The beneficiary of the policy, Mrs. Leach, counter-claimed for the face amount of the policy. The jury returned a verdict...

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