CLARK, Circuit Judge.
Although we feel constrained to reverse the judgment of the learned District Court, we are fully aware of the vexing character of the question presented to it. We think it a pity that neither counsel, if we are to judge from their briefs, seem to have been conscious of the illuminating opinion of the Circuit Court of Appeals for the Eighth Circuit reported sub nomine, Preferred Accident Ins. Co. of New York v. Combs,
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