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MURASKY v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N

No. 169.

94 F.2d 578 (1938)

MURASKY v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N OF AMERICA.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

Mackenzie, Smith & Michell, of Syracuse, N. Y. (Willis H. Michell and Charles E. Spencer, both of Syracuse, N. Y., of counsel), for appellant.

Fuller, Brown, Hubbard & Felt, of Utica, N. Y. (Moses G. Hubbard, Jr., of Utica, N. Y., of counsel), for respondent.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This suit is on a policy of insurance payable to the appellant for the loss of life of her husband, Leo Murasky. The policy insured the decedent for loss of life "caused solely and exclusively by external, violent and accidental means." The insured died March 15, 1936, and it is claimed that his death was caused by an accidental fall on March 12, 1936. Appellant's complaint was dismissed at the trial and she assigns error, contending that the...

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