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PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. ANDREWS

No. 9921.

73 F.2d 839 (1934)

PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. ANDREWS.

Circuit Court of Appeals, Eighth Circuit.

October 25, 1934.

Attorney(s) appearing for the Case

Walter McNett, of Ottumwa, Iowa (Claude H. Brown, of Ottumwa, Iowa, on the brief), for appellant.

Merrill C. Gilmore, of Ottumwa, Iowa (Edwin G. Moon and Burn Bannister, both of Ottumwa, Iowa, on the brief), for appellee.

Before BOOTH, Circuit Judge, and MUNGER and BELL, District Judges.

MUNGER, District Judge.

Appeal from order dismissing a portion of the defendant's answer. The plaintiff below brought suit to recover upon a policy of life insurance, issued to her husband by the defendant, in which she was named as the beneficiary. She alleged that her husband died, while the policy was in force, as the result of accidental means, and that due proof of the death from bodily injury was furnished to the insurer. The defendant answered to the plaintiff...

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