WEBER v. CONTINENTAL CASUALTY COMPANY

No. 8639.

379 F.2d 729 (1967)

Mary C. WEBER, Appellant, v. CONTINENTAL CASUALTY COMPANY, a Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 19, 1967.


Attorney(s) appearing for the Case

E. P. Ledbetter, Oklahoma City, Okl., (Ledbetter & Ledbetter and Eugene P. Ledbetter, Jr., Oklahoma City, Okl., were with him on the brief) for appellant.

Truman B. Rucker, Tulsa, Okl. (Donald G. Hopkins, Tulsa, Okl., was with him on the brief) for appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and BROWN, District Judge.


WESLEY E. BROWN, District Judge.

This is an action to recover the proceeds alleged to be due appellant as beneficiary under an accident insurance policy insuring her son Raymond L. Weber against accidental bodily injury and death.

The issue to be tried by the jury as stated by the court and not questioned by either appellant or appellee was whether the insured "received bodily injury caused by accident; to-wit: drowning, resulting in his death, directly and...

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