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NEW YORK LIFE INS. CO. v. ROSS

No. 4989.

30 F.2d 80 (1928)

NEW YORK LIFE INS. CO. v. ROSS.

Circuit Court of Appeals, Sixth Circuit.

December 21, 1928.

Attorney(s) appearing for the Case

Ed T. Seay and A. W. Stockell, both of Nashville, Tenn. (Keeble, Seay, Stockell & Keeble, of Nashville, Tenn., on the brief), for plaintiff in error.

John A. Pitts, of Nashville, Tenn. (E. W. Ross, of Savannah, Tenn., and Pitts, McConnico & Hatcher, of Nashville, Tenn., on the brief), for defendant in error.

Before DENISON and MOORMAN, Circuit Judges, and HICKENLOOPER, District Judge.

HICKENLOOPER, District Judge.

This is an action upon a policy of life insurance containing provision for double indemnity in the event that the "death of the insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental cause." The insured met his death on the morning of July 7, 1925, when his automobile left the road and ran over the steep bank of a canal, adjacent the point where the Mifflin...

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