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NEW YORK LIFE INS. CO. v. PREJEAN

No. 11123.

149 F.2d 114 (1945)

NEW YORK LIFE INS. CO. v. PREJEAN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 6, 1945.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., for appellant.

Gordon Boswell and James C. Henriques, both of New Orleans, La., for appellee.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

Appellee as plaintiff, alleging death by accidental means, sued the Insurance Company on a policy of insurance on the life of her husband which provided for the payment of the sum of $5,000 upon his death from natural causes, and for double that amount in the event of his death by accidental means. The defendant admitted: That the policy was in force; that the insured was dead; but denied death by accident and on the contrary alleged death by...

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