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TRAPP v. METROPOLITAN LIFE INS. CO.

No. 9798.

72 F.2d 374 (1934)

TRAPP v. METROPOLITAN LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

July 12, 1934.

Attorney(s) appearing for the Case

E. H. McVey, of Kansas City, Mo. (C. A. Randolph, Roeder Wild, and McVey, Randolph, Smithson & Garrity, all of Kansas City, Mo., on the brief), for appellant.

Henry I. Eager, of Kansas City, Mo. (William C. Michaels, of Kansas City, Mo., Le Roy A. Lincoln, of New York City, and Meservey, Michaels, Blackmar, Newkirk & Eager, of Kansas City, Mo., on the brief), for appellee.

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

PER CURIAM.

On May 22, 1934, this court, upon the petition of the appellant, granted a rehearing for the purpose of further considering two questions:

(1) Can the effect of section 5741, Rev. St. Mo. 1929 (Mo. St. Ann. § 5741, p. 4388), as interpreted by the Supreme Court of Missouri in the case of Gooch v. Metropolitan Life Insurance Co., 61 S.W.2d 704, be considered by this court upon this appeal, in view of the pleadings and proceedings in the court...

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