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GAY v. PACIFIC MUTUAL LIFE INSURANCE COMPANY

No. 16113.

237 F.2d 448 (1956)

Phillip Gilbert GAY, as Executor of the Estate of P. W. Gay, Deceased, Appellant, v. The PACIFIC MUTUAL LIFE INSURANCE COMPANY, also known as The Pacific Mutual Life Insurance Company of California, Appellee.

United States Court of Appeals Fifth Circuit.

October 16, 1956.

Attorney(s) appearing for the Case

Erle Pettus, Jr., J. K. Jackson, Birmingham, Ala., for appellant. Jackson, Rives, Pettus & Peterson, Birmingham, Ala., of counsel.

Ralph B. Tate, S. R. Starnes, Birmingham, Ala., for appellee. Spain, Gillon & Young, Birmingham, Ala., of counsel.

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

RIVES, Circuit Judge.

In an action on a $5,000 accident insurance policy on the life of Mrs. Tenzy L. Gay, the district court directed a verdict for the defendant. The policy provided:

"The Pacific Mutual Life Insurance Company of California Does Hereby Insure Tenzy L. Gay under Classification `A' by occupation a Housewife against loss resulting directly and independently of all other causes from bodily injuries sustained during the term of this Policy and...

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