HUGHES v. EQUITABLE LIFE ASSURANCE SOCIETY OF U. S.

No. 71-2843 Summary Calendar.

465 F.2d 743 (1972)

Thomas M. HUGHES, Plaintiff-Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 3, 1972.


Attorney(s) appearing for the Case

S. Palmer Keith, Jr., Birmingham, Ala., for plaintiff-appellant.

Dunn, Porterfield, McDowell & Scholl, Jack B. Porterfield, Jr., John W. Clark, Jr., Birmingham, Ala., for appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


RONEY, Circuit Judge:

This is an appeal by plaintiff Thomas M. Hughes, Sr. from a directed verdict in favor of defendant Equitable Life Assurance Society. We conclude that the district court decision to direct the verdict in favor of the insurance company was incorrect, and we therefore remand for a new trial.

Plaintiff was the beneficiary of a $100,000.00 life insurance policy issued by Equitable insuring his son, Thomas M. Hughes, Jr. After his son died...

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