SMITH v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 12128.

167 F.2d 990 (1948)

SMITH v. MASSACHUSETTS MUT. LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 4, 1948.


Attorney(s) appearing for the Case

James A. Simpson, of Birmingham, Ala., for appellant.

H. H. Grooms, of Birmingham, Ala., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.


SIBLEY, Circuit Judge.

The situation, as shown by the record, is this. Appellant, Mrs. Selene R. Smith, is beneficiary in two policies of life insurance on the life of her husband for $5,000 each issued in 1934 by the appellee Massachusetts Mutual Life Insurance Company. Each contains a provision that if the death of the insured shall result directly or indirectly from operating or being in or on or riding in any kind of aircraft, whether as a passenger or otherwise...

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