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ORDER OF UNITED COMMERCIAL TRAVELERS v. GREER

No. 243.

43 F.2d 499 (1930)

ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA v. GREER.

Circuit Court of Appeals, Tenth Circuit.

September 4, 1930.

Attorney(s) appearing for the Case

E. W. Dillon, of Columbus, Ohio (Wilkerson & Brown, of Pryor, Okl., on the brief), for appellant.

John T. Harley, of Tulsa, Okl. (A. C. Brewster, of Pryor, Okl., and Roberts & Clark, of Vinita, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The appellee recovered a verdict on an accident policy, and the defendant appeals. The facts will sufficiently appear in connection with the discussion of the errors assigned.

I. At the close of all the evidence the defendant moved for an instructed verdict on the ground of insufficiency of the evidence. The insurance certificate bound the defendant to pay in event of death resulting from bodily injury effected through accidental...

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