DOWELL v. AETNA LIFE INSURANCE COMPANY

No. 72-1405.

468 F.2d 802 (1972)

William Fred DOWELL, Appellant, v. AETNA LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1972.


Attorney(s) appearing for the Case

Larry S. Moore and John E. Hall, North Wilkesboro, N. C. (Moore & Rousseau and McElwee & Hall, North Wilkesboro, N. C., on brief), for appellant.

Allan R. Gitter, Winston-Salem, N. C. (Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., on brief), for appellee.

Before SOBELOFF, Senior Circuit Judge, WINTER, Circuit Judge, and THOMSEN, Senior District Judge.


THOMSEN, Senior District Judge.

Plaintiff appeals from a decision of the district judge, sitting without a jury, which allowed defendant-appellee certain credits against payments to plaintiff under a group policy. The policy had been issued by defendant to the corporation which employed plaintiff until January 13, 1966, when he received an injury in the course of his employment, which has totally disabled him since that date.1 Defendant...

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