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GITS v. NEW YORK LIFE INS. CO.

No. 4063.

32 F.2d 7 (1929)

GITS v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 27, 1929.

Attorney(s) appearing for the Case

Daniel M. Dever, of Chicago, Ill. (Daniel V. Gallery, of Chicago, Ill., of counsel), for appellant.

Samuel Topliff and Homer H. Cooper, both of Chicago, Ill., for appellee.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

ALSCHULER, Circuit Judge.

At the threshold lies appellee's contention that insured's death resulted "from engaging in submarine or aeronautic operations," and that therefore liability for the double indemnity did not arise. The solution of this question depends on what is meant in the policy by the words "engaging in aeronautic operations," and, specifically, whether a casual passenger in an airplane is "engaging in aeronautic operations."

The very words suggest...

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