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PICKENS v. EQUITABLE LIFE ASSURANCE SOCIETY OF U. S.

No. 26756.

413 F.2d 1390 (1969)

Jenetta W. PICKENS, Plaintiff-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

August 4, 1969.

Attorney(s) appearing for the Case

Sam C. Pointer, Jr., Brown, Pointer & Pointer, Birmingham, Ala., for appellant.

Rogers, Howard, Redden & Mills, L. Drew Redden, William H. Mills, Birmingham, Ala., for appellee.

Before THORNBERRY and DYER, Circuit Judges, and FISHER, District Judge.

FISHER, District Judge:

This appeal arises from a suit involving the "accidental death" coverage of an insurance policy on the life of Erskine G. Pickens. Jenetta W. Pickens as beneficiary brought a complaint alleging her husband died accidentally by drowning, directly and independently of all other causes. Disputing this, the insurance company asserted that death was caused or contributed to by some illness, disease, or physical or mental infirmity, from medical...

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