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AMERICAN CASUALTY COMPANY OF READING, PA. v. MITCHELL

No. 18892.

393 F.2d 452 (1968)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Corporation, Appellant, v. Alice D. MITCHELL, Appellee.

United States Court of Appeals Eighth Circuit.

April 30, 1968.

Attorney(s) appearing for the Case

John R. Barton, of Crossman, Barton & Norris, Omaha, Neb., for appellant; Raymond M. Crossman, Jr. and Crossman, Barton & Norris, Omaha, Neb., on the brief.

Joseph K. Meusey, of Fraser, Stryker, Marshall & Veach, Omaha, Neb., for appellee; Robert G. Fraser and Fraser, Stryker, Marshall & Veach, Omaha, Neb., on the brief.

Before BLACKMUN, GIBSON and HEANEY, Circuit Judges.

BLACKMUN, Circuit Judge.

Ferguson S. Mitchell lost his life when an L-16 Aeronca crashed in Seward County, Nebraska, on October 4, 1964. The issue on the appeal of this diversity suit is whether an exclusionary clause eliminated coverage under a then outstanding and otherwise applicable group accident policy. The policy was one issued by American Casualty Company to Peter Kiewit Sons' Company and others. It afforded accident insurance to designated officers and employees...

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