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McCRARY v. NEW YORK LIFE INS. CO.

Nos. 10533, 10534.

84 F.2d 790 (1936)

McCRARY v. NEW YORK LIFE INS. CO. NEW YORK LIFE INS. CO. v. McCRARY.

Circuit Court of Appeals, Eighth Circuit.

July 10, 1936.

Attorney(s) appearing for the Case

W. L. Dwyer, of Plattsmouth, Neb. (D. O. Dwyer, of Plattsmouth, Neb., on the brief), for Erma V. McCrary.

David A. Fitch, of Omaha, Neb. (Norris Brown and Ralph M. West, both of Omaha, Neb., on the brief), for New York Life Ins. Co.

Before GARDNER and SANBORN, Circuit Judges, and NORDBYE, District Judge.

GARDNER, Circuit Judge.

There are here two appeals from a judgment entered in an action to recover on a policy of life insurance. Appellant Erma V. McCrary, the beneficiary named in the policy, plaintiff below, has appealed from the judgment because it denied her the right to recover on the double indemnity provision for accidental death of the insured. Appellant New York Life Insurance Company, defendant below, has appealed from that part of the judgment as entered...

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