KITHCART v. METROPOLITAN LIFE INS. CO.

No. 10715.

88 F.2d 407 (1937)

KITHCART v. METROPOLITAN LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

March 9, 1937.


Attorney(s) appearing for the Case

Charles N. Sadler, of Kansas City, Mo. (Harold Waxman, of Kansas City, Mo., on the brief), for appellant.

Henry I. Eager, of Kansas City, Mo. (William C. Michaels, of Kansas City, Mo., Harry Cole Bates, of New York City, and Michaels, Blackmar, Newkirk, Eager & Swanson, of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, THOMAS, and FARIS, Circuit Judges.


GARDNER, Circuit Judge.

Appellant brought suit in equity to set aside a judgment entered in the United States District Court for the Western District of Missouri, the court from which this appeal comes, in a law action wherein he was plaintiff and the appellee was defendant, on the ground that the judgment had been obtained by fraud practiced upon plaintiff by defendant through its agents and servants. We shall refer to the parties as they appeared below.

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