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GRAVES v. PENN MUTUAL LIFE INSURANCE COMPANY

No. 29, Docket 23520.

227 F.2d 445 (1955)

Gail GRAVES, Plaintiff-Appellee, v. The PENN MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 23, 1955.

Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, New York City (Walter J. Holzka, New York City, of counsel), for defendant-appellant.

Hale Stimson Russell & Nickerson, New York City (Eugene H. Nickerson and Lawrence L. Stentzel, II, New York City, of counsel), for plaintiff-appellee.

Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

The Company appeals from a double indemnity verdict for $11,840, with interest, arising out of the fatal shooting of plaintiff's husband, the deceased insured, Lee Graves.

In 1937 the Company insured the life of the deceased in a policy which provided for double indemnity benefits if death "resulted solely from bodily injuries effected directly and exclusively by external, violent and accidental means," providing that such double benefits...

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