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

No. 8670.

96 F.2d 267 (1938)

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

Circuit Court of Appeals, Ninth Circuit.

April 26, 1938.

Attorney(s) appearing for the Case

Barnett E. Marks, of Phoenix, Ariz., and Aaron Levinson and Albert E. Marks, both of Los Angeles, Cal., for appellant.

Fennemore, Craig, Allen & Bledsoe, of Phoenix, Ariz. (Frederick L. Allen, of New York City, of counsel), for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

Appellant is the beneficiary under a policy on her husband's life, also insuring in double the life principal against his accidental death. This coverage had an exception of death "from participation in aeronautics."

The company admits that under the decisions in Mutual Benefit Health & Accident Ass'n v. Moyer, 9 Cir., 94 F.2d 906, and Gregory v. Mutual Life Ins. Co. of New York, 8 Cir., ...

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