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HENSLEY v. LIFE INS. CO OF NORTH AMERICA

No. 76-2007.

551 F.2d 35 (1977)

Patrick S. HENSLEY and Charles E. Hensley, Appellants, v. LIFE INSURANCE COMPANY OF NORTH AMERICA.

United States Court of Appeals, Third Circuit.

Decided March 4, 1977.

Attorney(s) appearing for the Case

Joseph L. Costello, Bryant, Costello, Burke & Scott, Christiansted, St. Croix, U.S., V. I., for appellants.

James R. Coleman, James L. Hymes, III, Grunert, Stout, Hymes & Mayer, Charlotte Amalie, St. Thomas, V. I., for appellee.

Before SEITZ, Chief Judge, and GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this suit to recover the death benefits provided in a specified hazards accident insurance policy the plaintiffs Patrick and Charles Hensley appeal from a summary judgment for the insurer. Plaintiffs are the children of the deceased insured and are the named beneficiaries of the policy. Judgment was granted below on the ground that the death was not within the coverage of the policy.

The policy of insurance...

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