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287 F.2d 209
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff,
v.
William J. TIMMONS, individually and as Administrator of the Estate of Charlie Timmons, deceased, et al., Defendants-Appellants,
v.
Charles REED, Administrator of the Estate of Ouida Reed Timmons, deceased, Defendant-Appellee.No. 14270.
United States Court of Appeals Sixth Circuit.
February 25, 1961.
Jack N. Clemons and Saul Kay, Memphis, Tenn. (Herring, Kay & Clemons, Memphis, Tenn., on the brief), for appellants.
Eugene Thompson, Marks, Miss., for appellee.
Before CECIL, WEICK and O'SULLIVAN, Circuit Judges.
ORDER.
1This cause is on appeal from the United States District Court, for the Western Division of Tennessee. It was submitted to the Court upon the record, exhibits, appendices and briefs and oral arguments of counsel.
2The question presented involves the interpretation of the Mississippi Simultaneous Death Statute and whether Ouida Reed Timmons survived her husband Charlie Timmons in an automobile collision in which both lost their lives.
3The District Judge found, as a matter of fact, from all of the evidence in the case, that the wife did survive her husband for a brief interval.
4Upon consideration of all of the matter submitted on the appeal and the findings of the trial judge, we conclude that the finding of fact that the wife Ouida Reed Timmons survived her husband Charlie Timmons is not clearly erroneous. Rule 52, F.R.Civ.P., 28 U.S.C.A.
5It is therefore ordered, adjudged and decreed that the judgment of the District Court be and it is hereby affirmed.
Document Info
Docket Number: 14270
Citation Numbers: 287 F.2d 209
Filed Date: 2/25/1961
Precedential Status: Precedential
Modified Date: 3/3/2016