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BISHOP v. FRANKLIN LIFE INSURANCE COMPANY

No. 29791.

435 F.2d 173 (1970)

Juanita W. BISHOP, Plaintiff-Appellee, v. The FRANKLIN LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 1970.

Attorney(s) appearing for the Case

Alan B. Fields, Jr., Dowda, Miller, Hedstrom & Fields, Palatka, Fla., for defendant-appellant.

Bert Lane, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, Fla., for plaintiff-appellee.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Judge of Court of Claims.

PER CURIAM:

Since its last appearance in this Court,1 the lower court has retried this case three times, first to a mistrial, next to another verdict in favor of Mrs. Bishop as beneficiary under the policy, which the district court set aside as against the manifest weight of the evidence, and for the third time to another verdict for the plaintiff-appellee. During and following the latter trial the insurer made unsuccessful motions for...

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