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PHŒNIX MUT. LIFE INS. CO. OF HARTFORD, CONN. v. FLYNN.

No. 9736.

171 F.2d 982 (1948)

PHŒNIX MUT. LIFE INS. CO. OF HARTFORD, CONN. v. FLYNN.

United States Court of Appeals District of Columbia Circuit.

Decided September 27, 1948.

Attorney(s) appearing for the Case

Mr. John M. Lynham, of Washington, D. C., with whom Mr. Arthur P. Drury, Mr. John E. Powell and Mr. Laidler B. Mackall, all of Washington, D. C., were on the brief, for appellant.

Mr. Alton S. Bradford, of Washington, D. C., with whom Mr. G. Lynn Woodruff, of Washington, D. C., was on the brief, for appellee.

Before CLARK and WILBUR K. MILLER, Circuit Judges, and CURRAN, District Judge, sitting by designation.

CURRAN, District Judge.

This is an appeal from a judgment of the District Court of the United States for the District of Columbia for $5,000 in favor of the appellee in an action brought by her on the policy of insurance on the life of her husband, Patrick T. Flynn, in which she was named beneficiary.

The policy, written in 1940, contained a provision "that death of the insured resulting directly or indirectly from participating in aeronautics, as passenger...

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