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DISPOSABLE SERVICES, INC. v. ITT LIFE INS. CO. OF NEW YORK

No. 71-2258.

453 F.2d 218 (1971)

DISPOSABLE SERVICES, INC., Plaintiff-Appellee, v. ITT LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1972.

Attorney(s) appearing for the Case

Robert E. Venney, Gunn & Venney, Miami, Fla., for defendant-appellant.

Herbert L. Heiken, Martin Levinson, Miami, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH and GOLDBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellee, Disposable Services, Inc., brought this Florida diversity action as owner and beneficiary, of an insurance policy issued by ITT Life Insurance Company of New York on the life of Samuel Lee Britt, secretary of appellee corporation, after refusal by ITT to pay the proceeds following the death of Britt. The case was tried to a jury. Both parties moved for a directed verdict and at the close of all the evidence, the Court directed a...

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