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RUTHERFORD v. JOHN HANCOCK MUT. LIFE INS. CO.

No. 76-1659.

562 F.2d 290 (1977)

Mona RUTHERFORD, Executrix of the Estate of Josephine McConnell Rutherford, Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1977.

Attorney(s) appearing for the Case

Russell P. Brannon, Asheville, N.C. (Van Winkle, Buck, Wall, Starnes, Hyde & Davis, Asheville, N.C., on brief), for appellant.

Landon H. Roberts, Asheville, N.C. (Roberts & Cogburn, Asheville, N.C., on brief), for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and WYZANSKI, Senior District Judge.

WIDENER, Circuit Judge:

This is an action brought on a policy of life insurance.1 Mona Rutherford sues as executrix of the estate of Josephine McConnell Rutherford, the beneficiary of an insurance policy issued by defendant John Hancock Mutual Life Insurance Company on the life of Claude V. Grose. Following the death of Grose on April 22, 1973, John Hancock refused to make payment on the policy...

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