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MESA OIL CO. v. BUSINESS MEN'S ASSURANCE CO. OF AMERICA

No. 71-1204.

476 F.2d 491 (1973)

MESA OIL COMPANY, an Arizona corporation, Appellant, v. BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA, a Missouri corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

Donald D. Meyers (argued), Phoenix, Ariz., for appellant.

Douglas L. Irish (argued), Lewis & Roca, Phoenix, Ariz., for appellee.

Before ELY, CARTER and TRASK, Circuit Judges.

ELY, Circuit Judge:

Appellant, Mesa Oil Company (Mesa) was the named beneficiary of a life insurance policy issued by appellee, Business Men's Assurance Company of America (BMA), on the life of Cletus Chamberlain. The accidental death provision of that policy contained the following exclusion:

"RISKS NOT COVERED No benefit will be paid if death results directly or indirectly from . . . taking any . . . drug, voluntarily or involuntarily; . . . ...

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