ÆTNA LIFE INS. CO. v. MUTUAL BENEFIT HEALTH & ACC. ASS'N

No. 10358.

82 F.2d 115 (1936)

ÆTNA LIFE INS. CO. v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 23, 1936.


Attorney(s) appearing for the Case

David A. Fitch, of Omaha, Neb. (Norris Brown and Ralph M. West, both of Omaha, Neb., on the brief), for appellant.

Yale C. Holland, of Omaha, Neb. (Philip E. Horan, of Omaha, Neb., on the brief), for appellee.

Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.


VAN VALKENBURGH, Circuit Judge.

This is an action for alleged libel. In this opinion the parties will be designated as in the trial court. The plaintiff is a Nebraska corporation organized upon the mutual assessment plan. Its business is limited to insuring its members against loss due to sickness or accident. The defendant is a Connecticut corporation operated for the profit of its stockholders, and writes a large volume of commercial forms of insurance, among them...

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