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MASSACHUSETTS PROTECTIVE ASS'N v. BAYERSDORFER

No. 7881.

105 F.2d 595 (1939)

MASSACHUSETTS PROTECTIVE ASS'N, Inc., v. BAYERSDORFER.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1939.

Attorney(s) appearing for the Case

Bailey Aldrich, of Boston, Mass. (Garfield, Cross, Daoust, Baldwin & Vrooman, A. D. Baldwin, and Leslie R. Ulrich, all of Cleveland, Ohio, and F. H. Nash, of Boston, Mass., on the brief), for appellant.

John E. Irvine, of Steubenville, Ohio (Smith, Francis & Irvine, Carl H. Smith, all of Steubenville, Ohio, on the brief), for appellee.

Before HICKS, HAMILTON, and ARANT, Circuit Judges.

HICKS, Circuit Judge.

Appellee, a resident of Steubenville, Ohio, sued appellant upon a policy of accident insurance issued by it upon the life of her husband, Stanley W. Bayersdorfer. Clause G provided in part, "This policy does not cover death * * * sustained as the result of participation in aviation, aeronautics or subaquatics. * * *"

The facts were either stipulated or unchallenged. Bayersdorfer was a merchant at Steubenville. On April 7, 1936, he embarked...

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