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MISSOURI STATE LIFE INS. CO. v. WEST

No. 898.

67 F.2d 468 (1933)

MISSOURI STATE LIFE INS. CO. v. WEST et al.

Circuit Court of Appeals, Tenth Circuit.

November 11, 1933.

Attorney(s) appearing for the Case

Frank Settle and M. C. Rodolf, both of Tulsa, Okl. (Hulette F. Aby and William F. Tucker, both of Tulsa, Okl., on the brief), for appellant.

G. C. Spillers, of Tulsa, Okl. (Charles L. Yancey, Donald L. Brown, F. C. Swindell, and C. R. Nixon, all of Tulsa, Okl., and Roy H. Wasson and E. L. Foulke, both of Wichita, Kan., on the brief), for appellees.

Before McDERMOTT and BRATTON, Circuit Judges, and SYMES, District Judge.

McDERMOTT, Circuit Judge.

A jury, properly charged, found that Clarence Dent was accidentally killed, and a judgment accordingly was rendered on an accident insurance policy. The company's chief contention is that the circumstances exclude every rational hypothesis except that of suicide, and that the trial court erred in refusing to direct a verdict for the company. There is no dispute as to the law. The burden is upon plaintiff to establish that death resulted from...

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