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RAST v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 4604.

112 F.2d 769 (1940)

RAST v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Fourth Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

Edward W. Mullins, of Columbia, S. C. (Hunter & Harley, of Newberry, S. C., and Nelson, Mullins & Grier, of Columbia, S. C., on the brief), for appellant.

Pinckney L. Cain, of Columbia, S. C. (Louis W. Dawson, of New York City, and Thomas, Cain & Black, of Columbia, S. C., on the brief), for appellee.

Before SOPER, DOBIE, and NORTHCOTT, Circuit Judges.

SOPER, Circuit Judge.

The plaintiff in the District Court, who is appellant here, brought suit against the Insurance Company as the beneficiary under two policies of insurance of $5,000 each on the life of her deceased husband. She seeks to recover the additional sum of $5,000 under a clause in each policy providing for payment of double indemnity "upon receipt of due proof that the insured died as a direct result of bodily...

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