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HART v. INSURANCE COMPANY OF NORTH AMERICA

No. 71-1351.

458 F.2d 379 (1972)

LaVada HART, Administratrix of the Estate of Charles B. Hart, Deceased, Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, a corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 7, 1972.

Attorney(s) appearing for the Case

Edgar Fenton of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for defendant-appellant.

B. J. Cooper, of Rinehart, Cooper & Stewart, Oklahoma City, Okl., for plaintiff-appellee.

Before LEWIS, Chief Judge, DOYLE, Circuit Judge, and WINNER, District Judge.

LEWIS, Chief Judge.

This diversity action was commenced in the Western District of Oklahoma and was advanced by the administratrix of the estate of Charlie B. Hart, deceased. The complaint seeks recovery against the Insurance Company of North America under a policy of accident insurance covering Charlie B. Hart, the insured, and the dispute centers on the determination of the cause or causes of the insured's injuries which resulted in his total and permanent disability...

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