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HINSHAW v. NEW ENGLAND MUT. LIFE INS. CO.

Nos. 11392, 11393.

104 F.2d 45 (1939)

HINSHAW v. NEW ENGLAND MUT. LIFE INS. CO. SAME v. MASSACHUSETTS MUT. LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 27, 1939.

Attorney(s) appearing for the Case

Ira B. Burns and John A. McGuire, both of Kansas City, Mo., for appellant.

Richard S. Righter, of Kansas City, Mo. (Lathrop, Crane, Reynolds, Sawyer & Mersereau and R. Arch Smith, all of Kansas City, Mo., and George Hoague, of Boston, Mass., on the brief), for appellee New England Mutual Life Ins. Co.

Edgar Shook, of Kansas City, Mo. (Sebree, Sebree & Shook and Sam B. Sebree, all of Kansas City, Mo., and Wesley E. Monk and John F. Handy, both of Springfield, Mass., on the brief), for appellee Massachusetts Mut. Life Ins. Co.

Before GARDNER and WOODROUGH, Circuit Judges, and BELL, District Judge.

GARDNER, Circuit Judge.

So far as the issues presented in these two appeals are concerned, they in effect arise from two actions at law brought by appellant's predecessor to recover the sums paid by way of single premiums for two annuity contracts, one issued by the appellee New England Mutual Life Insurance Company, and the other by the appellee Massachusetts Mutual Life Insurance Company. The suits were initiated by appellees, each having filed suit for a declaratory...

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