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NEW YORK LIFE INSURANCE COMPANY v. McGEHEE

No. 17145.

260 F.2d 768 (1958)

NEW YORK LIFE INSURANCE COMPANY, Appellant, v. Juanita Stokes McGEHEE, as Executrix of the Estate of William B. McGehee, Appellee.

United States Court of Appeals Fifth Circuit.

November 7, 1958.

Attorney(s) appearing for the Case

Marion Rushton, J. M. Williams, Jr., Montgomery, Ala., Rushton, Stakely & Johnston, Montgomery, Ala., of counsel, for appellant.

M. Roland Nachman, Jr., Walter J. Knabe, Montgomery, Ala., Knabe & Nachman, Montgomery, Ala., of counsel, for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This case involves insurance coverage under a double indemnity clause when the insured is a man of advanced years and has certain diseases usually associated with old age. The question before us is whether there is substantial evidence to justify the jury finding that the insured's death resulted from an accidental injury, directly and independently of all other causes, and did not result directly or...

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