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FIDELITY & CASUALTY CO. OF NEW YORK v. SMITH

No. 4209.

189 F.2d 315 (1951)

FIDELITY & CASUALTY CO. OF NEW YORK v. SMITH.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 4, 1951.

Attorney(s) appearing for the Case

Pearce Rodey, Albuquerque, N. M. (Don L. Dickason, William A. Sloan, Frank M. Mims and Jackson G. Akin, all of Albuquerque, N. M., on the brief), for appellant.

Everett M. Granthan, Albuquerque, N. M. (Howard C. Bratton, Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

This appeal involves the construction of an airplane round trip insurance policy, issued to Joe S. Smith by appellant, The Fidelity and Casualty Company of New York. No authorities are cited and our search has failed to reveal any in which the construction of such a policy, with respect to the question before us, has been before the courts.

On November 9, 1949 Joe S. Smith purchased a round trip airplane ticket from Trans World Airlines...

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