HICKEY, Circuit Judge.
The beneficiary in a life insurance policy sued the insurer to recover death benefits under the policy. The insurer defended on the grounds that the policy had lapsed for nonpayment of premiums. The first trial was tried to a jury and resulted in a verdict for the insurer. Thereafter the trial court, upon a timely motion, set aside the verdict and granted a new trial. An appeal was perfected to this court which was dismissed on the grounds that...
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