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

No. 4768.

123 F.2d 246 (1941)

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

Circuit Court of Appeals, Fourth Circuit.

November 10, 1941.

Attorney(s) appearing for the Case

W. R. Broaddus, Jr., of Martinsville, Va. (John W. Carter, Jr., of Danville, Va., and William M. Mitchell, of Bassett, Va., on the brief), for appellant.

John L. Walker, of Roanoke, Va. (Woods, Chitwood, Coxe, Rogers & Muse, of Roanoke, Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This action was instituted in the court below for recovery on two life insurance policies aggregating $15,000, with provision for double indemnity in case of accidental death. The defense was based on the suicide of the insured. Judgment on the pleadings for the face of the policies, on the theory that the suicide clause therein contained was void because of failure to comply with the Virginia statute relating to that subject, was reversed by...

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