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NEW YORK LIFE INS. CO. v. FERLITA

Civ. A. No. 2463.

50 F.Supp. 327 (1943)

NEW YORK LIFE INS. CO. v. FERLITA et al.

District Court, N. D. Georgia, Atlanta Division.

June 12, 1943.

Attorney(s) appearing for the Case

Bryan, Carter & Ansley, of Atlanta, Ga., for New York Life Ins. Co.

Smith, Smith & Bloodworth, Estes Doremus, and Croom Partridge, all of Atlanta, Ga., for defendants moving for judgment on pleadings.

LOVETT, District Judge.

This is a motion by defendants for judgment on the pleadings under Rule 12(c) of the Rules of Civil Procedure, 28 U.S. C.A. following section 723c. It requires a construction of certain clauses of a policy of life insurance containing double indemnity and other provisions waiving payment of premiums under stated conditions, issued by the plaintiff on May 2, 1934. The defendants are the insured and the beneficiaries named in the policy.

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