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MASSACHUSETTS MUT. LIFE INS. CO. v. HARDWICK

Civ. No. 1919.

118 F.Supp. 485 (1953)

MASSACHUSETTS MUT. LIFE INS. CO. v. HARDWICK et al.

United States District Court, E. D. Tennessee, S. D.

November 24, 1953.

Attorney(s) appearing for the Case

Chambliss, Chambliss, & Brown, Chattanooga, Tenn., for plaintiff.

Spears, Reynolds, Moore & Rebman, Chattanooga, Tenn., and Hardwick Stuart, Cleveland, Tenn., for defendants.

DARR, Chief Judge.

A declaratory judgment is sought as to a contract of insurance made by plaintiff with defendants' intestate. The contract involved was more correctly described as a single premium life annuity, and the plaintiff asserts that it was valid and that it has been fully performed. The defendants claim that the contract was invalid by reason of (1) mutual mistake of fact, (2) mental incompetence of the annuitant...

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