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WALLACE v. INSURANCE COMPANY OF NORTH AMERICA

No. 19008.

415 F.2d 542 (1969)

Lewis E. WALLACE, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 16, 1969.

Attorney(s) appearing for the Case

Donald S. Muir, Paducah, Ky., Robert B. Reed, Paducah, Ky., on brief, for appellant.

Earle T. Shoup, Paducah, Ky., for appellee.

Before O'SULLIVAN, PHILLIPS and PECK, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Lewis E. Wallace appeals from dismissal of his action against the Insurance Company of North America (hereinafter INA). The case was tried to a District Judge sitting in the United States District Court for the Western District of Kentucky.

INA issued to appellant an insurance policy which promised to pay him one-half the principal sum, or $12,500, for the "loss of one member". "Member" was defined to include "eye" and "loss" was...

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