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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