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STURMBERG v. TRAVELERS PROTECTIVE ASS'N OF AMERICA

No. 7762.

80 F.2d 997 (1935)

STURMBERG v. TRAVELERS PROTECTIVE ASS'N OF AMERICA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 20, 1936.

Attorney(s) appearing for the Case

John P. Pfeiffer, of San Antonio, Tex., for appellant.

Martin J. Arnold and Perry S. Robertson, both of San Antonio, Tex., for appellee.

Before FOSTER and SIBLEY, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Plaintiff sued in the state court of Texas, on a policy of accident insurance, claiming injuries which caused total disability, entitling him to recover the stipulated sum of $50 per week for 104 weeks, statutory penalties, and attorney's fees under the law of the state. The case was removed to the court below on the ground of diverse citizenship. After the evidence was all in, the court, on motion of the defendant, directed a verdict in its...

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