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FIRST NAT. BANK OF CHATTANOOGA v. PHŒNIX MUT. LIFE INS. CO.

No. 6052.

62 F.2d 681 (1933)

FIRST NAT. BANK OF CHATTANOOGA v. PHŒNIX MUT. LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1933.

Attorney(s) appearing for the Case

W. L. Frierson, of Chattanooga, Tenn. (R. H. Williams and R. P. Frierson, both of Chattanooga, Tenn., on the brief), for appellant.

Vaughn Miller, of Chattanooga, Tenn. (Miller, Miller & Martin, of Chattanooga, Tenn., on the brief), for appellee.

Before MOORMAN, HICKENLOOPER, and SIMONS, Circuit Judges.

MOORMAN, Circuit Judge.

Suit was brought by the appellant to recover the double liability under three policies of insurance issued by appellee upon the life of Patten, who was killed in an aeroplane accident. Each of the policies provided that the double indemnity benefit should not be payable if the death of the insured resulted "directly or indirectly, wholly or partly * * * from participation in aeronautic * * * operations." The pleadings were framed to present...

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