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KAMINER v. FRANKLIN LIFE INSURANCE COMPANY

No. 72-1517.

472 F.2d 1073 (1973)

Curtis KAMINER et al., Plaintiffs-Appellants, v. The FRANKLIN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 1973.

Attorney(s) appearing for the Case

James P. O'Flarity, Fort Lauderdale, Fla., for plaintiffs-appellants.

Reginald L. Williams, Miami, Fla., for defendant-appellee.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.

RIVES, Circuit Judge:

The Kaminer children, plaintiffs, sued the defendant, Franklin Life Insurance Company, claiming that it had issued to their mother, Sondra Kaminer, a life insurance policy in the face amount of $50,000.00 and that they were the named beneficiaries. The answer of the defendant insurance company asserted two defenses: (1) that the policy of insurance was not issued and delivered during the lifetime of...

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