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MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. BOWMAN

No. 10923.

96 F.2d 7 (1938)

MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. BOWMAN.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 20, 1938.

Attorney(s) appearing for the Case

Philip E. Horan, of Omaha, Neb. (G. J. Cleary and V. J. Skutt, both of Omaha, Neb., on the brief), for appellant.

Hird Stryker, of Omaha, Neb. (Robert E. Cunningham, on the brief), for appellee.

Before STONE, SANBORN, and WOODROUGH, Circuit Judges.

STONE, Circuit Judge.

Appellee (a citizen of New Mexico) brought this action in the District Court of Nebraska against appellant (a citizen and resident of Nebraska) to recover on an accident insurance policy for the death of Frank D. Bowman, the insured. Jury was waived and the evidence stipulated. From a judgment for $3,126.58, this appeal is brought by the insurer.

Two issues are presented here. The first issue is whether the amount necessary for federal...

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