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NEW YORK LIFE INS. CO. v. DOERKSEN

No. 1049.

75 F.2d 96 (1935)

NEW YORK LIFE INS. CO. v. DOERKSEN.

Circuit Court of Appeals, Tenth Circuit.

January 14, 1935.

Attorney(s) appearing for the Case

J. S. Simmons, of Hutchinson, Kan. (Alva L. Fenn, Herbert E. Ramsey, and Stuart Simmons, all of Hutchinson, Kan., and Louis H. Cooke, of New York City, on the brief), for appellant.

Roy C. Davis, of Hutchinson, Kan. (A. C. Malloy, Warren H. White, and Frank S. Hodge, all of Hutchinson, Kan., on the brief), for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

On the first appeal of this case, 64 F.2d 240, we reserved the question of the sufficiency of the evidence to support the verdict, for the reason therein stated. It now becomes necessary to decide that question.

The policy provides for the double indemnity herein sued for if "the death of the insured resulted directly and independently of all other causes from bodily injury effected solely through...

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