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HENTSCHEL v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 10543.

87 F.2d 833 (1937)

HENTSCHEL v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Eighth Circuit.

February 3, 1937.

Attorney(s) appearing for the Case

Erwin F. Vetter and George T. Priest, both of St. Louis, Mo., for appellant.

Herbert E. Barnard, of St. Louis, Mo. (Leahy, Walther, Hecker & Ely and John S. Leahy, all of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

This cause is now before us on rehearing. The sole question involved is the right of appellant to maintain the action. Appellant was plaintiff below, and we shall refer to the parties as they were there designated.

Plaintiff's amended petition alleges that, with the approval of the Insurance Department of the State of Missouri, the stockholders and members of the board of directors of the Western States Life Assurance Company agreed...

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