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BROWN v. NEW YORK INDEMNITY CO.

No. 8607.

39 F.2d 443 (1930)

BROWN v. NEW YORK INDEMNITY CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 3, 1930.

Attorney(s) appearing for the Case

Lyon Anderson, of St. Louis, Mo. (John S. Leahy, Walter H. Saunders, and Leahy, Saunders & Walther, all of St. Louis, Mo., on the brief), for appellant.

John S. Marsalek, of St. Louis, Mo. (W. E. Moser, of St. Louis, Mo., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and MILLER, District Judge.

STONE, Circuit Judge.

This is an appeal from a judgment on verdict in favor of defendant in a suit on an accident insurance policy.

The injury, resulting in death, was a hernia. The contest in the trial court centered around the contention that the deceased had had a former hernia which had contributed to the fatal hernia, and that this excused defendant under a clause of the policy releasing it from liability, where the injury was "caused or contributed to...

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