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SCALES v. PRUDENTIAL INS. CO. OF AMERICA

No. 9207.

109 F.2d 119 (1940)

SCALES et al. v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1940.

Attorney(s) appearing for the Case

Edwin W. Davis, of Orlando, Fla., and Noah B. Butt, of Cocoa, Fla., for appellant.

LeRoy B. Giles and J. Thomas Gurney, both of Orlando, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Alleging that the death occurred "as a result directly and independently of all other causes of bodily injury effected solely through external, violent and accidental means," plaintiff-appellant, Mildred Reed Scales, sued defendant-appellee to recover the accidental death benefit provided for in an insurance policy it had issued on the life of her deceased husband, Charles Reed. Appellee, by denying that it was, put her upon her proof that...

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