FOX v. ORDER OF UNITED COMMERCIAL TRAVELERS

No. 13727.

192 F.2d 844 (1951)

FOX v. ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA, etc.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 14, 1952.


Attorney(s) appearing for the Case

Alto V. Lee, III, Huey D. McInish, Dothan, Ala., for appellant.

Oscar L. Tompkins, Dothan, Ala., for appellee.

Before HOLMES, STRUM, and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

This action was brought by appellant, the wife of insured, against appellee, a fraternal benefit society, upon a certificate of insurance on the life of her husband, who came to his death from a gun-shot wound while he was sitting in a chair in the living room of their home. At his feet were the gun, tackle box, and a fishing lure with four hooks on it, which he had assembled in preparation for a fishing trip.

It was on the morning of...

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