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DUFFIELD v. AETNA LIFE INSURANCE COMPANY

No. 72-2340. Summary Calendar.

473 F.2d 1221 (1973)

Alison J. DUFFIELD, a minor by her Guardian, Pauline C. Graham, Plaintiff-Appellant, and Elizabeth E. Duffield, Plaintiff-Appellee, v. AETNA LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1973.

Attorney(s) appearing for the Case

Eric W. Pappas, Hubert C. Normile, Jr., Melbourne, Fla., for Alison Duffield.

Charles T. Wells, Orlando, Fla., for Aetna Life Ins. Co., Jere E. Lober, Rockledge, Fla., for Elizabeth Duffield.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Trying hard to get under the dry comfortable umbrella which we often raise to protect disputatious matters from the quick disposition by summary judgment, F.R.Civ.P. 56, see Smith v. St. Paul Fire & Mar. Ins. Co., 5 Cir., 1972, 471 F.2d 840, Marsden v. Patane, 5 Cir., 1967, 380 F.2d 489, 491; Gauck v. Meleski, 5 Cir., 1965, 346 F.2d 433

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