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

No. 77-1361.

585 F.2d 1289 (1978)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Mattie B. DUTTON et al., Defendants-Appellees, Mamie Ann Sheley, Defendant-Appellee, Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 8, 1979.

Attorney(s) appearing for the Case

John M. Tatum, Savannah, Ga., for plaintiff-appellant.

William E. Callaway, Jr., Claxton, Ga., James M. Thomas, Savannah, Ga., for defendant-appellee, appellant.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

As a result of a domestic quarrel between Wensley Sheley and his wife Mamie Ann, Mr. Sheley was fatally wounded. John Hancock Mutual Life Insurance Company insured Sheley's life. John Hancock disputed its liability under an accidental death provision of the policy in the portion of the action tried to a jury. Sheley's widow contested the rights of Sheley's former wife, Mattie B. Dutton, to receive the insurance proceeds in the remaining...

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