McGOWEN v. TRAVELERS INSURANCE COMPANY

No. 71-1074 Summary Calendar.

448 F.2d 1315 (1971)

Shirley McGOWEN, Plaintiff-Appellant, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 3, 1971.


Attorney(s) appearing for the Case

B. A. Britt, Jr., Harry B. Friedman, Harkness, Friedman & Kusin, Texarkana, Tex., for plaintiff-appellant. Howard Waldrop, Atchley, Russell, Hutchinson & Waldrop, Texarkana, Tex., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

We are called upon here to determine whether under a Texas life policy the death of the assured was an "accident." The District Court directed a verdict against the beneficiary and in favor of the insurance company. We affirm.

The assured was John M. He and his wife Shirley, the beneficiary, had gone to a party hosted by Shirley's niece. There was no evidence that there was any ill feeling between Shirley and John until John became...

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