Civil Procedure · MBE-tested

Sylvester T. SMITH et al., Appellants, v. NEW YORK LIFE INSURANCE CO. OF NEW YORK, Appellee

31 F.2d 281·United States Court of Appeals for the Fifth Circuit·1929

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

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Opinion

Sylvester T. SMITH et al., Appellants, v. NEW YORK LIFE INSURANCE CO. OF NEW YORK, Appellee. Circuit Court of Appeals, Fifth Circuit March 9, 1929. No. 5416. G. L. Porterie, of Marksville, La., for appellants. Richard B. Montgomery and Richard B. Montgomery, Jr., both of New Orleans, La., and R. F. White, of Alexandria, La., for appellee. Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge. [MAJORITY — BRYAN, Circuit Judge.] BRYAN, Circuit Judge. It was stipulated by counsel that tbe above case should abide the result of the appeal in Theodosia S. Smith v. Mutual Life Insurance Co. of New York (C. C. A.) 31 F.(2d) 280, this day decided and affirmed. Accordingly the judgment herein is affirmed.