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WIRTHLIN v. MUTUAL LIFE INS. CO.

No. 516.

56 F.2d 137 (1932)

WIRTHLIN v. MUTUAL LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

February 1, 1932.

Attorney(s) appearing for the Case

J. R. Robinson, of Provo, Utah (Robinson & Robinson, of Provo, Utah, on the brief), for appellant.

Waldemar Van Cott, of Salt Lake City, Utah (Frederick L. Allen, of New York City, and P. T. Farnsworth, B. R. Howell, and W. Q. Van Cott, all of Salt Lake City, Utah, on the brief), for appellee.

Before COTTERAL and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.

COTTERAL, Circuit Judge.

The appellant, the mother of William A. Wirthlin, brought this suit as beneficiary to recover a double indemnity which, by a policy the appellee issued to him, was payable in the event he should come to his death within a year, from an injury sustained solely through external, violent, or accidental means. In her petition, she alleged his death was so caused by a gunshot wound. The answer, in addition to a general denial, alleged that the...

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