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CONTINENTAL CASUALTY COMPANY v. HOLMES

No. 17409.

266 F.2d 269 (1959)

CONTINENTAL CASUALTY COMPANY, Appellant, v. Mrs. Gladys Leith HOLMES et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 28, 1959.

Attorney(s) appearing for the Case

William L. Clark, James E. Simpson, Birmingham, Ala., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel, for appellant.

Francis H. Hare, Birmingham, Ala., C. A. Poellnitz, Robert O. Cox, Florence, Ala., Hare, Wynn & Newell, Birmingham, Ala., Mitchell & Poellnitz, Florence, Ala., of counsel, for appellees.

Before RIVES, JONES, and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

Appellee, Mrs. Gladys Leith Holmes, as beneficiary, sued the appellant, Continental Casualty Company, for the proceeds of a purported accident and health insurance policy insuring her deceased husband, Oliver Wendell Holmes, while flying as a pilot. She claimed that coverage was in force as a result of an oral binder or oral contract of insurance effected by the Company's agent, W. T. Musgrove, on January 3, 1957, and again on February 20, 1957...

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