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POUND v. INSURANCE COMPANY OF NORTH AMERICA

No. 131-70.

439 F.2d 1059 (1971)

Louise C. POUND, Plaintiff, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a corporation, Defendant, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 4, 1971.

Attorney(s) appearing for the Case

Thomas F. McKenna, Albuquerque, N. M., (Arthur H. Coleman, Santa Fe, N. M., on the brief) for plaintiff-appellant.

Thomas B. Catron, III, Santa Fe, N. M., for defendant-appellee.

Before HILL and HOLLOWAY, Circuit Judges, and DOYLE, District Judge.

HILL, Circuit Judge.

Appellant brought this diversity suit in the District Court of New Mexico seeking to recover from appellee the proceeds of an accident insurance policy. The policy was a group policy issued by appellee to International Business Machines Corporation, with the employees of the latter corporation constituting the named insureds. Appellant's deceased husband was an employee of I.B.M. covered by the accident policy, and she is the named beneficiary...

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