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FIDELITY & CASUALTY CO. OF NEW YORK v. PITTENGER

No. 4969.

63 F.2d 880 (1933)

FIDELITY & CASUALTY CO. OF NEW YORK v. PITTENGER.

Circuit Court of Appeals, Third Circuit.

February 28, 1933.

Attorney(s) appearing for the Case

Edwards, Smith & Dawson, of Jersey City, N. J. (Edwin F. Smith and Charles M. James, both of Jersey City, N. J., of counsel), for appellant.

Ward Kremer, of Asbury Park, N. J. (Hayden Proctor, of Asbury Park, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM.

In the court below, the plaintiff, Mrs. Pittenger, the beneficiary in a policy of insurance issued by defendant company on the life of her husband, with a double indemnity clause in case his death resulted from "bodily injury sustained * * * through accidental means (excluding suicide, sane or insane, or any attempt thereat, sane or insane), and resulting directly, independently and exclusively of all other causes, in * * * death * * *," recovered a verdict...

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