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LEWIS v. INSURANCE COMPANY OF NORTH AMERICA

No. 27727 Summary Calendar.

416 F.2d 1077 (1969)

Georgia Mae LEWIS, a Widow, et al., Plaintiffs-Appellees, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

October 1, 1969.

Attorney(s) appearing for the Case

Elton Gilliland, Shafer, Gilliland, Davis, Bunton & McCollum, Odessa, Tex., for defendant-appellant.

John J. Watts, Odessa, Tex., V. F. Knickerbocker, Midland, Tex., for plaintiffs-appellees.

Before THORNBERRY, MORGAN and CARSWELL, Circuit Judges.

THORNBERRY, Circuit Judge:

This is an appeal from a Texas diversity action to recover benefits on an accidental death insurance policy.1 The main question in the case is whether the death of the deceased, which was caused by gunshot wounds inflicted by a woman whom he was assaulting, was "accidental" within the meaning of the policy. The trial court directed a verdict on this issue in favor of the decedent's widow, appellee here, thereby...

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