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UNITED STATES FIDELITY & GUARANTY CO. v. McCARTHY

No. 8903.

50 F.2d 2 (1931)

UNITED STATES FIDELITY & GUARANTY CO. v. McCARTHY.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 18, 1931.

Attorney(s) appearing for the Case

James C. Davis, of Des Moines, Iowa (Jesse A. Miller, of Des Moines, Iowa, on the brief), for appellant.

W. B. Sloan, of Des Moines, Iowa (W. C. Strock and C. S. Bradshaw, both of Des Moines, Iowa, on the brief), for appellee.

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

WOODROUGH, District Judge.

This suit was brought by Dr. Wilton McCarthy, a surgeon of Des Moines, for recovery upon an accident insurance policy issued to him by the United States Fidelity & Guaranty Company. The doctor sustained accidental injuries on the 6th day of December, 1922, and claims that the injuries so received resulted in continuous total disability. The insuring company admits the issuance of the policy, that it was in full force on the 6th day of...

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