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SMITH v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 5415.

31 F.2d 280 (1929)

SMITH v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 3, 1929.

Attorney(s) appearing for the Case

Jos. D. Barksdale, Otis W. Bullock, and Howard B. Warren, all of Shreveport, La., Winston K. Joffrion, of Alexandria, La. (Joffrion & Joffrion, of Marksville, La., and Barksdale, Bullock, Warren, Clark & Van Hook, of Shreveport, La., on the brief), for appellant.

Richard B. Montgomery and Richard B. Montgomery, Jr., both of New Orleans, La., R. F. White, of Alexandria, La., and Frederick L. Allen, of New York City (White, Holloman & White, of Alexandria, La., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

BRYAN, Circuit Judge.

Appellant was the beneficiary of three policies of insurance issued by the appellee insurance company on the life of her husband, Robert Hill Smith. Each of the policies provided for the payment of double indemnity upon proof that the death of the insured resulted from bodily injury "effected solely through external, violent and accidental means." The face amounts of the policies were paid without prejudice to the right to maintain suit upon...

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