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MUTUAL LIFE INS. CO. OF NEW YORK v. ZIMMERMAN

Nos. 7586, 7587.

75 F.2d 758 (1935)

MUTUAL LIFE INS. CO. OF NEW YORK v. ZIMMERMAN et al. NEW YORK LIFE INS. CO. v. ZIMMERMAN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1935.

Attorney(s) appearing for the Case

J. L. Doggett, O. O. McCollum, and Charles Cook Howell, all of Jacksonville, Fla., and Frederick L. Allen and Louis H. Cooke, both of New York City, for appellants.

John G. Graham and M. Caraballo, both of Tampa, Fla., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The appellee, Nellie F. Zimmerman, in September, 1929, brought two separate suits on policies of insurance on the life of her husband, Albert H. Zimmerman, alleging in one count that the insured died August 24, 1927, and that she was entitled to recover the face of the policy, and in a second count that the death resulted from external, violent, and accidental means, to wit, drowning, whereby a double indemnity was due. The suits were tried...

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