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PITTMAN v. LAMAR LIFE INS. CO.

No. 4891.

17 F.2d 370 (1927)

PITTMAN et al. v. LAMAR LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

February 15, 1927.

Attorney(s) appearing for the Case

M. N. Chrestman, of Dallas, Tex. (Burgess, Burgess, Chrestman & Brundidge, M. N. Chrestman, and L. E. Elliott, all of Dallas, Tex., on the brief), for plaintiffs in error.

W. Calvin Wells, of Jackson, Miss., Dexter Hamilton, of Dallas, Tex., and J. Morgan Stevens, of Jackson, Miss. (Cockrell, McBride, O'Donnell & Hamilton, of Dallas, Tex., and Wells, Stevens & Jones, of Jackson, Miss., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the beneficiary named in an insurance policy, issued September 8, 1925, on the life of William M. Pittman, to recover the amount payable in the event of his death, which occurred on February 28, 1926. The policy contained the following provision:

"If the insured shall die within two years from date of issue of this policy, while participating or as a result of participation in any submarine or aeronautic expedition...

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