DENMAN, Circuit Judge.
This is an appeal from a judgment after trial by the court on an agreed statement of facts.
Appellant Swasey's husband was insured for accidental death by appellee, Massachusetts Protective Association, in 1935, under a policy with the premiums paid and in force at the time of the wreck of an aeroplane in which the husband was killed.
Liability was denied on the sole ground that the cause of death was excluded from the policy...
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