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BEWLEY v. AMERICAN HOME ASSURANCE COMPANY

Nos. 71-1086, 71-1087.

450 F.2d 1079 (1971)

Jack K. BEWLEY, Executor of the Estate of W. E. Bewley, Deceased, Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Appellee. Merle E. BEWLEY, Appellant, v. ASSOCIATED INDEMNITY CORPORATION, Appellee.

United States Court of Appeals, Tenth Circuit.

November 9, 1971.

Attorney(s) appearing for the Case

Edward O. Monnet, of Murdock, Schwabe & Monnet, Tulsa, Okl. (Ben L. Murdock, of Murdock, Schwabe & Monnet, Tulsa, Okl., on the brief), for appellants, Jack K. Bewley, Executor of Estate of W. E. Bewley, Deceased, and Merle E. Bewley.

James D. Fellers, of Fellers, Snider, Baggett, Blankenship & Bailey, Oklahoma City, Okl. (Wayne D. Lawler, Jr., of Fellers, Snider, Baggett, Blankenship & Bailey, Oklahoma City, Okl., on the brief), for appellee, American Home Assur. Co.

Joseph A. Sharp, of Best, Sharp, Thomas & Glass, Tulsa, Okl., for appellee, Associated Indemnity Corp.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Plaintiffs-appellants were beneficiaries to accidental death insurance policies issued by the two companies named above, which companies were defendants in the trial court. The district court granted the defendants' motions for directed verdicts. Following denial of plaintiffs' post-trial motions, they appealed.

The insured, W. E. Bewley, was 64 years of age at the time of his death which occurred on February 2, 1969. The accident...

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