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IOWA-DES MOINES NAT. BANK v. INSURANCE CO.

No. 71-1435.

459 F.2d 650 (1972)

IOWA-DES MOINES NATIONAL BANK, Administrator of the Estate of David Mallon, Deceased, et al., Appellees, v. INSURANCE COMPANY OF NORTH AMERICA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1972.

Attorney(s) appearing for the Case

H. Richard Smith, Des Moines, Iowa, for appellant; Ahlers, Cooney, Dorweiler, Allbee & Haynie, Des Moines, Iowa, of counsel.

William J. Koehn, Harlan D. Hockenberg, Stephen W. Roberts, Jon T. Griffin, Des Moines, Iowa, for appellees; Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, Iowa, of counsel.

Before MATTHES, Chief Judge, and LAY and ROSS, Circuit Judges.

LAY, Circuit Judge.

Midwest Mutual Insurance Company (hereinafter Midwest), policyholder on the life of Jules Jackson Mallon,1 and others claiming to be beneficiaries, recovered $50,000, the face value of a group travel accident policy issued by Insurance Company of North America. The trial court submitted to the jury interrogatories respecting the various claims of the parties and on the basis of the answers returned entered judgment...

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