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MUTUAL LIFE INS. CO. v. GRAVES

No. 3614.

25 F.2d 705 (1928)

MUTUAL LIFE INS. CO. OF NEW YORK v. GRAVES et al.

Circuit Court of Appeals, Third Circuit.

March 3, 1928.

Attorney(s) appearing for the Case

Arthur G. Dickson, of Philadelphia, Pa., and Frank E. Donnelly, of Scranton, Pa. (Dickson, Beitler & McCouch, of Philadelphia, Pa., of counsel), for plaintiff in error.

Chester H. Ashton, of Knoxville, Pa., and T. A. Crichton, of Wellsboro, Pa. (Crichton & Owlett, of Wellsboro, Pa., of counsel), for defendants in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This was an action in assumpsit to recover double indemnity for death by accident under the provisions of a life insurance policy on the life of Thomas W. Graves. The policy was for $10,000. It provided, however, that if death resulted directly from bodily injury, "independently and exclusively of all other causes, and that such bodily injury was effected solely through external violent and accidental means," the company would pay, instead of...

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