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NATIONAL QUICKSILVER CORPORATION v. WORLD INS. CO.

No. 12518.

139 F.2d 1 (1943)

NATIONAL QUICKSILVER CORPORATION v. WORLD INS. CO. OF OMAHA, NEB.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 12, 1944.

Attorney(s) appearing for the Case

Alfred Featherston, of Murfreesboro, Ark., and G. C. Hardin, of Fort Smith, Ark. (J. Clib Barton and Bruce H. Shaw, both of Fort Smith, Ark., on the brief), for appellant.

Malcolm W. Gannaway, of Little Rock, Ark. (Jack W. Marer, of Omaha, Neb., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

This is an action upon an "Employer's Security Accident Policy" issued by the appellee under date of February 13, 1942, in which Ira Cox, the mine foreman of the appellant, was the insured and the appellant was the beneficiary. Cox died on February 27, 1942, from accidental injuries received in the course of his employment the day before. If the policy in suit, which had been applied for before his death but which had not at that time been...

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