NORTON v. UNITED STATES

No. 952M.

38 F.Supp. 158 (1940)

NORTON v. UNITED STATES.

District Court, S. D. Florida.

February 26, 1940.


Attorney(s) appearing for the Case

S. S. McCahill, of Miami, Fla., for plaintiff.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., Julius C. Martin, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Keith L. Seegmiller, of Washington, D. C., for the United States.


ERVIN, District Judge.

This suit is on a policy of insurance containing a disability provision. Defendant denies the disability, and also sets up the defense of res adjudicata.

There was a previous suit by the same plaintiff, the beneficiary on the same policy, where it was claimed that the premiums had been paid up to the time of the death of the insured. Plaintiff had judgment, but on appeal the Circuit Court of Appeals reversed, holding that the policy...

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