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MUTUAL LIFE INS. CO. OF NEW YORK v. SARGENT

No. 6074.

51 F.2d 4 (1931)

MUTUAL LIFE INS. CO. OF NEW YORK v. SARGENT.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 5, 1931.

Attorney(s) appearing for the Case

Douglas Arant, of Birmingham, Ala. (William M. Neal, of Birmingham, Ala., Frederick L. Allen, of New York City, and Bradley Baldwin, All & White, of Birmingham, Ala., on the brief), for appellant.

W. H. Mitchell, of Florence, Ala., and A. N. Carmichael, of Tuscumbia, Ala., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

This appeal is from a verdict and judgment in favor of appellee, plaintiff below, in a suit upon a policy providing double indemnity for death effected solely through external, violent, and accidental means.

At the close of the evidence, appellant, defendant below, moved for an instructed verdict on the ground that the evidence did not permit of any other conclusion than that, though deceased came to his death through external and...

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