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WREN v. NEW YORK LIFE INSURANCE COMPANY

No. 73-2792.

493 F.2d 839 (1974)

Judith A. WREN and/or Rena M. McAllister, Plaintiffs-Appellants. v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellee, Elizabeth Wren, Ronnie Thomas Wren, b/n/f Elizabeth Wren, and Cynthia Renee Wren, b/n/f Elizabeth Wren, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 3, 1974.

Attorney(s) appearing for the Case

Peter L. Boney, F. H. Boney, Archibald A. Farrar, Summerville, Ga., for intervenors.

A. Cecil Palmour, Bobby L. Cook, Summerville, Ga., for J. A. Wren, and others.

Oscar M. Smith, Rome, Ga., Ben Kingree, M. D. McLendon, Atlanta, Ga., for defendant-appellee.

Before COLEMAN, CLARK and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 3, 1974.

PER CURIAM :

In this diversity case, the validity or invalidity ab initio, under a Georgia statute, of a life insurance policy is the decisive issue. Regrettably, the State Courts of Georgia have had no occasion to discuss the question, so we are compelled to proceed without Erie guidance. By summary judgment, the United States District Judge, sitting in Georgia, held the policy to be invalid...

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