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ÆTNA LIFE INS. CO. v. KERN-BAUER

No. 668.

62 F.2d 477 (1933)

ÆTNA LIFE INS. CO. v. KERN-BAUER.

Circuit Court of Appeals, Tenth Circuit.

January 5, 1933.

Attorney(s) appearing for the Case

S. J. Clay, of Oklahoma City, Okl. (J. S. Ross and Jas. H. Ross, both of Oklahoma City, Okl., on the brief), for appellant.

Theodore Pruett, of Anadarko, Okl. (Pruett & Wamsley, of Anadarko, Okl., and Melton & Melton and Alger Melton, all of Chickasha, Okl., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The jury found that Joe Kern came to his death, "directly and independently of all other causes, from bodily injuries effected solely though external, violent and accidental means." Judgment was rendered on the verdict for the amount of an accident insurance policy issued by appellant, in favor of appellee, the beneficiary. Two questions are argued upon this appeal, one concerning the admissibility of certain statements as spontaneous exclamations...

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