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McCARTY v. OCCIDENTAL LIFE INS. CO. OF CAL.

No. 35710.

268 P.2d 221 (1954)

McCARTY v. OCCIDENTAL LIFE INS. CO. OF CAL.

Supreme Court of Oklahoma.

Rehearing Denied March 23, 1954.

Attorney(s) appearing for the Case

Fred M. Black, H.M. Redwine, Oklahoma City, for plaintiff in error.

Embry, Johnson, Crowe, Tolbert & Boxley, by Ben L. Burdick, Oklahoma City, for defendant in error.

CORN, Justice.

Marvin D. McCarty, hereafter referred to as the deceased, was an employe of the Oklahoma City Livestock Exchange, which carried a group insurance policy, issued by defendant, covering its employees. This policy provided for payment in event of accident or sickness, accidental death or dismemberment, and other benefits not material herein. The policy provision relative to accidental death was as follows:

"If the individual while insured hereunder...

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