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

No. 11787.

161 F.2d 1 (1947)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 24, 1947.

Attorney(s) appearing for the Case

H. Reid DeJarnette, of Miami, Fla., for appellant and cross-appellee.

T. J. Blackwell, of Miami, Fla., for appellee and cross-appellant.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

SIBLEY, Circuit Judge.

The suit was upon a life insurance policy delivered to Frederick Richard Hess in Illinois in 1919, in which Mrs. Eleanore M. Hess, his wife, was beneficiary. She alleged her husband died by accidental drowning on June 3, 1945, having been totally disabled as the result of a slight stroke of apoplexy since January, 1940, and she sought recovery of $3,000 (with dividend accretions), the face of the policy, and also $3,000 for double indemnity...

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