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BENAVIDES v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 74-2931.

516 F.2d 393 (1975)

Ramiro BENAVIDES, Administrator of the Estate of Jose M. Morales, Plaintiff-Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 2, 1975.

Attorney(s) appearing for the Case

Burch Downman, Houston, Tex., Carlos F. Vela, Harlingen, Tex., for plaintiff-appellant.

Larry M. Lesh, Dallas, Tex., Liddell, Sapp, Zivley & Brown, Houston, Tex., for defendant-appellee.

Before CLARK, Associate Justice, and GOLDBERG and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

Ramiro Benavides, as Administrator of the estate of Jose M. Morales, filed this complaint for the recovery of $30,000, the triple indemnity benefits of a life insurance policy issued by The Mutual Life Insurance Company of New York [Mutual] to the insured, Jose M. Morales. Mutual's defense was suicide by the insured.1 The case was tried to a jury and at the close of the...

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