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CASEY v. TRANSAMERICA LIFE INSURANCE & ANNUITY CO.

No. 73-1789.

511 F.2d 577 (1975)

Harold B. CASEY and Floyd S. Casey, Plaintiffs-Appellants, v. TRANSAMERICA LIFE INSURANCE AND ANNUITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 12, 1975.

Rehearing Denied April 14, 1975.

Attorney(s) appearing for the Case

Howard De Trude, Jr., John T. Lorenz and Mark W. Gray, Indianapolis, Ind., for plaintiffs-appellants.

Charles M. Wells, Indianapolis, Ind., for defendant-appellee.

Before SWYGERT, Chief Judge, HASTIE, Senior Circuit Judge, and PELL, Circuit Judge.

HASTIE, Senior Circuit Judge.

The beneficiaries named in a term insurance policy on the life of James Casey brought this suit in the District Court for the Southern District of Indiana against the insurer to recover on the policy after Casey's death. Holding that the policy had never become effective, the district court denied recovery of death benefits. This appeal followed.

Casey's home was in Indiana. There he...

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