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WILLINGHAM v. LIFE & CASUALTY INSURANCE CO. OF TENN.

No. 14951.

216 F.2d 226 (1954)

Mrs. Harold S. WILLINGHAM nee Francis S. McCall, v. LIFE & CASUALTY INSURANCE COMPANY OF TENNESSEE.

United States Court of Appeals Fifth Circuit.

October 22, 1954.

Attorney(s) appearing for the Case

Harold S. Willingham, Marietta, Ga., Allen Post, Atlanta, Ga., for appellant. Moise, Post & Gardner, Atlanta, Ga., of counsel.

William F. Buchanan and Newell Edenfield, Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

RIVES, Circuit Judge.

This is a suit brought by the beneficiary upon a policy of insurance issued upon the life of her husband, who while a guest passenger in a private airplane about 500 feet above the ground, jumped or was thrown from the airplane and upon striking the ground was killed. The plane crashed into the Indian River about 700 yards from the point where the insured landed. The policy afforded both ordinary life...

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