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AETNA CASUALTY & SURETY CO. v. BERRY

No. 21803.

350 F.2d 49 (1965)

The AETNA CASUALTY & SURETY COMPANY, Appellant, v. Evelyn BERRY and Durwood Douglas Berry, Appellees.

United States Court of Appeals Fifth Circuit.

August 9, 1965.

Attorney(s) appearing for the Case

Cecil D. Redford, Lewright, Dyer & Redford, Corpus Christi, Tex., for appellant.

Bob J. Spann, McDonald & Spann, Corpus Christi, Tex., for appellees.

Before TUTTLE, Chief Judge, and BROWN and FRIENDLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

Aetna appeals from a judgment1 upon a jury verdict awarding Workmen's Compensation Insurance benefits to the widow and minor son of Lawrence E. Berry who was accidentally killed while loading a rifle into his airplane. The issues, controlled by Texas law are (a) coverage and (b) scope of employment. We affirm.

Since the scope of employment issue is at once easier of disposition and expositive of the...

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