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INSURANCE COMPANY OF NORTH AMERICA v. CHINOWITH

No. 25188.

393 F.2d 916 (1968)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Ruby Fay CHINOWITH, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 18, 1968.

Attorney(s) appearing for the Case

Richard A. Hall, Branscomb, Gary, Thomasson & Hall, Corpus Christi, Tex., for appellant.

Bob J. Spann, McDonald, Spann & Smith, Corpus Christi, Tex., for appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.

COLEMAN, Circuit Judge:

James C. Chinowith died in a hospital in Corpus Christi on April 2, 1965, his fortieth birthday. The cause of death recited in the official death certificate was "pulmonary hydrothorax due to extensive metastasis from melanocarcinoma". In lay language this meant that a watery collection on the lungs was the immediate cause of death, but this condition was caused by one of the many forms of cancer. Chinowith had had a rather extensive melanoma...

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