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

No. 35.

131 F.2d 159 (1942)

NEEL et al. v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

November 2, 1942.

Attorney(s) appearing for the Case

William A. Hyman, of New York City (William A. Hyman and Harold W. Hayman, both of New York City, of counsel), for plaintiffs-appellants.

Louis W. Dawson, of New York City (John G. Kelly, of New York City, of counsel), for defendant-appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiffs as beneficiaries of an insurance policy issued on the life of William B. Stubbs sued to recover $25,000 under the double indemnity clause of the contract. The policy provided that the defendant would pay to the beneficiaries "Twenty Five Thousand Dollars upon receipt of due proof of the death of William B. Stubbs, the insured, or Fifty Thousand Dollars, upon receipt of due proof that such death resulted from bodily injury...

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