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FITZGERALD v. UNION CENTRAL LIFE INS. CO.

No. 8734.

42 F.2d 76 (1930)

FITZGERALD et ux. v. UNION CENTRAL LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

June 25, 1930.

Attorney(s) appearing for the Case

Usher L. Burdick, of Fargo, N. D. (Robert A. Eaton, of Edgeley, N. D., on the brief), for appellants.

Herbert G. Nilles, of Fargo, N. D. (Daniel B. Holt and John S. Frame, both of Fargo, N. D., on the brief), for appellee.

Before VAN VALKENBURGH, Circuit Judge, and DAVIS, District Judge.

DAVIS, District Judge.

The appellants, Joseph F. Fitzgerald and Mary A. Fitzgerald, his wife, brought an action to quiet title against the Union Central Insurance Company, appellee, and others, in the district court of Dickey county, N. D. The cause was removed to the United States District Court for the District of North Dakota. The answer of the life insurance company asserted that it was the owner and holder of two mortgages...

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