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O'BRIEN v. GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORP.

No. 8716.

42 F.2d 48 (1930)

O'BRIEN v. GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORPORATION, LIMITED, OF PERTH, SCOTLAND.

Circuit Court of Appeals, Eighth Circuit.

June 9, 1930.

Attorney(s) appearing for the Case

Arthur F. Mullen, of Omaha, Neb. (Richard C. Hunter and Charles C. Sheppard, both of Omaha, Neb., on the brief), for appellant.

Yale C. Holland, of Omaha, Neb. (J. A. C. Kennedy, G. L. De Lacy, and Charles F. McLaughlin, all of Omaha, Neb., on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

Appellant, who was plaintiff in the court below, was beneficiary in a policy of accident insurance issued by appellee August 11, 1926, to one James O'Hara and, in the capacity of beneficiary, brought this suit to recover on the policy. In her petition she alleged that O'Hara was accidentally killed on August 29, 1926, when the policy was in full force and effect. The defense, at least in part, was that...

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