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PAUL REVERE LIFE INS. CO. v. FIRST NATIONAL BANK IN DALLAS

No. 19604.

359 F.2d 641 (1966)

PAUL REVERE LIFE INSURANCE COMPANY, Appellant, v. FIRST NATIONAL BANK IN DALLAS, Administrator of the Estate of Loy Thomas Brown, Deceased, Appellee.

United States Court of Appeals Fifth Circuit.

March 31, 1966.

Attorney(s) appearing for the Case

Pinkney Grissom, Jerry L. Buchmeyer, Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel, for appellant.

Earl Luna, John W. Collins, Jr., Dallas, Tex., for appellee.

En Banc before TUTTLE, Chief Judge, and BROWN, WISDOM, GEWIN, BELL, THORNBERRY and COLEMAN, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge:

The issue in this case is whether coverage of an airplane pilot is afforded under an insurance contract which excepts death or disability resulting from flight in an aircraft except as a passenger on a civilian plane. In an en banc opinion dated February 4, 1964, we abstained from deciding the issue in this case, and in United Services Life Insurance Co. v. Delaney, another case involving a similar issue, and instructed the appellants...

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