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TRAWICK v. MANHATTAN LIFE INSURANCE CO. OF N. Y., N. Y.

No. 30981.

447 F.2d 1293 (1971)

Mrs. Myrtle H. TRAWICK, Plaintiff-Appellant, v. The MANHATTAN LIFE INSURANCE COMPANY OF NEW YORK, NEW YORK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 28, 1971.

Attorney(s) appearing for the Case

Erwin C. Ward, James A. Peden, Jr., Stennett, Wilkinson & Ward, Jackson, Miss., for plaintiff-appellant.

David Williams, Wilbourn, Williams & Glover, Meridian, Miss., for defendant-appellee.

Before GOLDBERG, GODBOLD, and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 28, 1971.

GOLDBERG, Circuit Judge:

In this diversity litigation concerning the validity of life insurance policies, the trial court, after a jury had solemnly come to a decision, made a post-trial evaluation of the life insured's relationship with the insurer. While we accede to the trial judge's postmortem assessment to the extent of granting a new trial, we deny his complete veto of the jury's determination...

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