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ANN ARBOR TRUST CO. v. NORTH AM. CO., ETC.

No. 75-1217.

527 F.2d 526 (1975)

ANN ARBOR TRUST COMPANY, Plaintiff-Appellant, v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 8, 1975.

Rehearing Denied January 19, 1976.

Attorney(s) appearing for the Case

William D. Barense, Dobson, Griffin & Barense, Ann Arbor, Mich., for plaintiff-appellant.

John E. S. Scott, B. Kingsley Buhl, Dickinson, Wright, McKean & Cudlip, Detroit, Mich., for defendants-appellees North American Co. for Life and Health Ins., Provident Life and Accident Ins. Co. and Massachusetts Mut. Life Ins. Co., Jack C. Radcliffe, Jr., Dahlberg, Mallender & Gawne, Detroit, Mich., for defendant-appellee Professional Life and Casualty Co.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.

PHILLIPS, Chief Judge.

This appeal involves the suicide provisions of four life insurance policies. Jurisdiction is based on diversity of citizenship. Michigan law controls.

On November 5, 1971, Alexander P. Dukay, a practicing psychiatrist, shot and killed his daughter and his wife, and then reloaded the revolver and killed himself in the kitchen of their home in Ann Arbor, Michigan. Within two years prior to his...

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