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RIGSBY v. MUTUAL OF NEW YORK

No. 7456.

331 F.2d 353 (1964)

Edith Boyce RIGSBY, Appellant, v. MUTUAL OF NEW YORK (The Mutual Life Insurance Company of New York), Appellee.

United States Court of Appeals Tenth Circuit.

May 4, 1964.

Attorney(s) appearing for the Case

James T. Martin, Jr., and R. C. Garland, Las Cruces, N. M. (Garland & Martin, Las Cruces, N. M., and George E. Fettinger, Alamogordo, N. M., with them on the brief), for appellant.

George T. Harris, Jr., Albuquerque, N. M. (Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., and Richard I. Fricke, New York City, with him on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

Appellant brought suit on a group insurance policy for the death of a policyholder resulting from an airplane accident. The case was filed in a New Mexico state court and was removed to the United States District Court for the District of New Mexico. The appellee insurance company denied coverage, and after discovery it filed a motion for summary judgment. The trial court granted the motion, and the plaintiff-appellant has taken this appeal.<...

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