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BURNS v. MUTUAL BEN. LIFE INS. CO.

No. 251.

79 F.Supp. 847 (1948)

BURNS et al. v. MUTUAL BEN. LIFE INS. CO. OF NEWARK, N. J.

United States District Court W. D. Michigan, N. D.

September 20, 1948.

Attorney(s) appearing for the Case

S. W. Patek, of Ironwood, Mich. (Ralph E. Helper, of Detroit, Mich., of counsel), for plaintiffs.

Ivan D. Wright, of Ironwood, Mich. (Dickinson, Wright, Davis, McKean & Cudlip and Max L. Veech, all of Detroit, Mich., of counsel), for defendant.

STARR, District Judge.

The parties have stipulated the material facts in this case. Plaintiffs, who are husband and wife, are residents of Michigan; defendant is a New Jersey corporation authorized to transact life insurance business in Michigan. On September 13, 1941, the defendant executed and delivered its life insurance policy in the principal amount of $5,000 upon the life of plaintiffs' son, Robert W. Burns, the plaintiffs being designated therein as beneficiaries...

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