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BUSH v. ORDER OF UNITED COMMERCIAL TRAVELERS

No. 75.

124 F.2d 528 (1942)

BUSH v. ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA.

Circuit Court of Appeals, Second Circuit.

January 8, 1942.

Attorney(s) appearing for the Case

Barber & Barber, of Brattleboro, Vt. (F. Elliot Barber, Jr., of Brattleboro, Vt., of counsel), for appellant.

Osmer C. Fitts, of Brattleboro, Vt., for appellee.

Before L. HAND, AUGUSTUS N. HAND, and C. E. CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff's husband, Frank L. Bush, died on August 16, 1939, under the following circumstances: He had been fishing in the ocean in a boat or dory, and upon returning about 8:30 A. M. slipped in getting out of the dory and fell backwards on some rocks. He immediately complained of being a little dizzy and was helped to his tent by his companions, a matter of about a hundred feet. He then lay down and rested for a time. Around 11...

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