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NEW YORK LIFE INS. CO. v. MARSHALL

No. 5159.

23 F.2d 225 (1928)

NEW YORK LIFE INS. CO. v. MARSHALL.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 25, 1928.

Attorney(s) appearing for the Case

Richard B. Montgomery, of New Orleans, La., and B. D. Talley, of Bogalusa, La. (Richard B. Montgomery and Richard B. Montgomery, Jr., both of New Orleans, La., and Bascom D. Talley, of Bogalusa, La., on the brief), for appellant.

C. Ellis Ott, of Bogalusa, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

The appellant issued two policies of insurance on the life of Frank A. Marshall, one dated July 1, 1926, the other dated July 27, 1926. Each of the policies was for the sum of $2,500, unless the death of the insured "resulted directly and independently of all other causes from bodily injury effected solely through external, violent, and accidental means, and occurred within 90 days after such injury," in which event the amount payable was $5...

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