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NEW ENGLAND MUT. LIFE INS. CO. v. FLEMMING

No. 8950.

102 F.2d 143 (1939)

NEW ENGLAND MUT. LIFE INS. CO. v. FLEMMING.

Circuit Court of Appeals, Ninth Circuit.

March 1, 1939.

Attorney(s) appearing for the Case

H. W. O'Melveny, Walter K. Tuller, Louis W. Myers, J. R. Girling, and Lauren M. Wright, all of Los Angeles, Cal., for appellant.

Alvan M. Palmer, of Los Angeles, Cal., for appellee.

Before WILBUR, MATHEWS, and HEALY, Circuit Judges.

WILBUR, Circuit Judge.

This action was brought to recover $5,000 on a life insurance policy providing double liability in the event the insured died in consequence "of bodily injury effected solely through external, violent and accidental means". The policy also expressly provided that it should not cover "death resulting directly or indirectly from bodily infirmity * * * other than that occurring simultaneously with and in consequence of bodily injury".

The...

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