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ELLIOTT v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY

No. 24658.

388 F.2d 362 (1968)

John S. ELLIOTT and Fredda Caldwell Elliott, Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 10, 1968.

Attorney(s) appearing for the Case

William G. West, Jr., Birmingham, Ala., for appellants.

Ralph B. Tate, Birmingham, Ala., for appellee.

Before RIVES and GODBOLD, Circuit Judges, and HUGHES, District Judge.

RIVES, Circuit Judge:

Decision of this appeal turns on the application to stipulated facts of an "Aeronautical Risk Exclusion" in a policy of life insurance and a similar "Exception" in the policy's provision for indemnity benefit for death by accidental means. The insurance company denies liability for the face amount of the policy because of a provision which reads in pertinent part as follows:

"Limitation of Liability Provision. "Aeronautical...

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