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NATIONWIDE LIFE INSURANCE COMPANY v. MYERS

No. 9374.

67 Ohio App. 2d 98 (1980)

NATIONWIDE LIFE INSURANCE COMPANY, APPELLANT AND CROSS-APPELLANTS, v. MYERS, ADMR., ET AL., APPELLEES AND CROSS-APPELLANTS.

Court of Appeals of Ohio, Summit County.

Decided January 30, 1980.

Attorney(s) appearing for the Case

Mr. Joseph C. McLeland, for appellant.

Mr. James W. Slater, for appellee Donald M. Meyers.

Mr. J. Rix Seibert, for appellee James Paul Dooley.

HUNSICKER, J.

Gordon S. Myers, his wife, Linda J. Myers, and their only child, an infant son, Gordon J. Myers, all residents of Summit County, Ohio, were killed as the result of an automobile accident suffered while travelling in the state of Utah. The infant son died immediately; Gordon S. Myers died at 7:30 p.m., July 5, 1977; Linda J. Myers died at 7:45 p.m., July 5, 1977.

Gordon S. Myers had a contract of insurance with

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