REDDISH v. LIBERTY NATIONAL LIFE INSURANCE CO.

No. 73-1111 Summary Calendar.

476 F.2d 968 (1973)

Mrs. Lorena C. REDDISH, Plaintiff-Appellee, v. LIBERTY NATIONAL LIFE INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1973.


Attorney(s) appearing for the Case

William E. Smith, Americus, Ga., for defendant-appellant.

J. Frank Myers, Americus, Ga., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


PER CURIAM:

In this case we are asked to decide whether under all the evidence presented the district court committed error in refusing to grant appellant's motion for judgment notwithstanding the verdict of the jury or in the alternative to grant a new trial. The district court concluded that the appellant did not meet the burden of proof necessary to show that appellee's husband was within the terms of the exclusion clause stated in the policy.

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