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METROPOLITAN LIFE INS. CO. v. PETERSON

No. 7482.

19 F.2d 88 (1927)

METROPOLITAN LIFE INS. CO. v. PETERSON et ux.

Circuit Court of Appeals, Eighth Circuit.

February 28, 1927.

Attorney(s) appearing for the Case

Edgar M. Morsman, Jr., of Omaha, Neb. (Tinley, Mitchell, Ross & Mitchell, of Council Bluffs, Iowa, and Morsman, Maxwell & Haggart, of Omaha, Neb., on the brief), for appellant.

Clem F. Kimball and Raymond A. Smith, both of Council Bluffs, Iowa (Kimball, Peterson, Smith & Peterson, of Council Bluffs, Iowa, on the brief), for appellees.

Before LEWIS and KENYON, Circuit Judges, and TRIEBER, District Judge.

TRIEBER, District Judge.

This action was first instituted in a court of the state of Iowa by the appellees, John L. Peterson and his wife, against the appellant, later referred to as the insurance company, the United States Trust Company, of Omaha, Neb., and the Robert B. Wallace Company, which last named was shortly thereafter adjudicated a bankrupt, Frank H. Binder elected trustee of the estate, and by supplemental amendment to the complaint made a party defendant...

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