Babb v. PAUL REVERE LIFE INS. CO.

Stukes, Justice.

This action was commenced in November 1951 in the Court of Common Pleas for Spartanburg County, whence it has come to us on appeal by the defendants. It was first removed to the United States Court by the non-resident defendant Insurance Company but was remanded to the State Court by District Judge Wyche in a lengthy order which is reported in 102 F. Supp. 247. Further reference will be later made to this order which plaintiff and defendants expressly agree is binding upon them and is the “law of the case,” quoting from one of the exceptions.

Plaintiff brought the action…