UNITED SERVICES LIFE INS. CO. v. BISCHOFF

No. 10083.

181 F.2d 627 (1950)

UNITED SERVICES LIFE INS. CO. v. BISCHOFF.

United States Court of Appeals District of Columbia Circuit.

Decided April 10, 1950.


Attorney(s) appearing for the Case

Mr. Dennis Collins, Washington, D. C., with whom Mr. Neil Burkinshaw, Washington, D. C., was on the brief, for appellant.

Mr. Robert C. Handwerk, Washington, D. C., with whom Mr. Jordan R. Bentley, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, CLARK, and WASHINGTON, Circuit Judges.


EDGERTON, Circuit Judge.

The insurance company appeals from a judgment for the beneficiary in a suit on a policy. The insured, an army captain, was killed in action piloting a fighter plane. "Captain Bischoff was the pilot and sole occupant of a P-38 type aircraft which was engaged in a strafing mission on 10 June 1944. He flew down to strafe a locomotive and the right wing of his plane came in contact with the locomotive as he banked away. * * * [The plane] crashed...

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