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YARBOROUGH v. ATLANTIC LIFE INS. CO.

No. 4017.

84 F.2d 319 (1936)

YARBOROUGH v. ATLANTIC LIFE INS. CO., Inc.

Circuit Court of Appeals, Fourth Circuit.

June 8, 1936.

Attorney(s) appearing for the Case

W. C. Downing and J. O. Tally, both of Fayetteville, N. C. (D. G. Downing, of Fayetteville, N. C., on the brief), for appellant.

Robert H. Dye, of Fayetteville, N. C., and Adolphus Blair Scott, of Richmond, Va. (Dye & Clark, of Fayetteville, N. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

The insured under the policy in this case met his death by accident, and the beneficiary claims that she is entitled to the sum of $5,000 specified on the face of the policy, and also to an additional sum of like amount under a double indemnity provision in the contract. The company admits its liability for the face of the policy, but denies the additional liability on the ground that the accidental death of the insured occurred after the premium...

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