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SMITH v. N. Y. LIFE INS. CO.

No. 76-3170.

579 F.2d 1267 (1978)

John S. SMITH, Plaintiff-Appellee, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 1978.

Attorney(s) appearing for the Case

M. D. McLendon, H. Sanders Carter, Jr., Atlanta, Ga., J. Walker Harper, Augusta, Ga., for defendant-appellant.

Thomas R. Burnside, Jr., Thomas W. Tucker, Augusta, Ga., for plaintiff-appellee.

Before WISDOM, TJOFLAT and VANCE, Circuit Judges.

VANCE, Circuit Judge:

This is a diversity action seeking recovery on a policy of insurance issued by New York Life Insurance Company on the life of Malcolm A. Mauss. By assignment plaintiff became the owner and was named beneficiary of the policy.

On November 26, 1973 Mrs. Mauss applied for a $100,000.00 policy on her husband's life through Mr. W. B. Droubay, a field underwriter for New York Life. A medical examination was accomplished and submitted on December...

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