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FREEPORT SULPHUR CO. v. AETNA LIFE INS. CO.

Civ. A. No. 2678.

107 F.Supp. 508 (1952)

FREEPORT SULPHUR CO. v. AETNA LIFE INS. CO.

United States District Court E. D. Louisiana, New Orleans Division.

September 10, 1952.

Attorney(s) appearing for the Case

Monroe & Lemann, New Orleans, La., Pearson E. Neaman, Thomas R. Vaughan, New York City, Nicholas Callan, Monte M. Lemann, New Orleans, La., for plaintiff.

Bigham, Englar, Jones & Houston, New York City, Milling, Godchaux, Saal & Saunders, New Orleans, La., George S. Brengle, New York City, W. Braxton Dew, Hartford, Conn., Eugene D. Saunders, New Orleans, La., for defendant.

WRIGHT, District Judge.

This case presents for judicial determination an interpretation of an employees' group annuity policy issued by the defendant to the plaintiff in behalf of its employees. The primary question to be determined is whether or not the contract, having no express term, is cancellable at will.

The plaintiff is engaged in the mining of sulphur. Its principal operations are in Louisiana and in Texas where the majority of its employees reside...

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