MEMORANDUM OPINION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
ELLIOTT, District Judge.
The Defendant issued a policy of life insurance insuring Mrs. Mary I. S. Mercer and naming as beneficiary therein her son, the Plaintiff, Walter G. Mercer, Jr. The policy was issued on December 22, 1964 and Mrs. Mercer died of a heart attack on October 18, 1965.
The affidavits and depositions on file with the Court show that when Mrs. Mercer made application...
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