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WALDO FERTILIZER CO. v. MUTUAL LIFE INS. CO.

No. 9752.

72 F.2d 203 (1934)

WALDO FERTILIZER CO. v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

June 21, 1934.

Attorney(s) appearing for the Case

C. E. Wright and C. W. McKay, both of El Dorado, Ark. (N. C. Marsh and W. D. McKay, both of El Dorado, Ark., on the brief), for appellant.

A. F. House, of Little Rock, Ark. (Frederick L. Allen, of New York City, W. E. Patterson, of El Dorado, Ark., and Rose, Hemingway, Cantrell & Loughborough, of Little Rock, Ark., on the brief), for appellee.

Before STONE and SANBORN, Circuit Judges, and WYMAN, District Judge.

WYMAN, District Judge.

This is an appeal from a judgment of the District Court of the United States for the Western District of Arkansas. For convenience the parties will be referred to as plaintiff and defendant as they were designated in the court below.

The suit was instituted in the circuit court of Columbia county, Ark., by Waldo Fertilizer Company, as plaintiff, against the Mutual Life Insurance Company of New York, as defendant, to recover under the...

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