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BENEFIT ASS'N OF RAILWAY EMPLOYEES v. BELL

No. 6013.

46 F.2d 225 (1931)

BENEFIT ASS'N OF RAILWAY EMPLOYEES v. BELL

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 21, 1931.

Attorney(s) appearing for the Case

London, Yancey & Brower and Jim C. Smith, all of Birmingham, Ala., for appellant.

J. K. Taylor, of Birmingham, Ala., for appellee.

Before FOSTER and WALKER, Circuit Judges, and HOLMES, District Judge.

HOLMES, District Judge.

The appellee, plaintiff in the court below, recovered a judgment against the appellant, defendant below, for the loss of both eyes under the double indemnity provision of an accident and illness insurance policy. The contract of insurance, so far as applicable here, provides indemnity in double the principal sum for the loss of both eyes resulting directly and exclusively of all other causes from bodily injury sustained solely through external...

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