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ÆTNA LIFE INS. CO. OF HARTFORD, CONN. v. MAXWELL

No. 4133.

89 F.2d 988 (1937)

ÆTNA LIFE INS. CO. OF HARTFORD, CONN., v. MAXWELL.

Circuit Court of Appeals, Fourth Circuit.

April 17, 1937.

Attorney(s) appearing for the Case

J. Campbell Palmer, III, of Wheeling, W. Va. (Hale J. Posten, of Morgantown, W. Va., Erskine, Palmer & Curl, of Wheeling, W. Va., and Posten, Glasscock & Posten, of Morgantown, W. Va., on the brief), for appellant.

Charles T. Herd, of Morgantown, W. Va. (Kermit R. Mason, of Morgantown, W. Va., and Frank A. O'Brien, of Wheeling, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

This action at law was brought by the infant plaintiff, William Maxwell, by his father and next of kin, against the Ætna Life Insurance Company to recover damages for the loss of a leg occasioned by the negligent treatment of Dr. W. H. Howell, physician and surgeon, who was called in after the leg had been broken in an automobile accident. The doctor was covered by a group policy of insurance issued by the defendant to the Monongalia County...

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