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

Nos. 11876, 11877.

120 F.2d 296 (1941)

KRUG v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N. SAME v. BANKERS LIFE CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 2, 1941.


Attorney(s) appearing for the Case

W. F. Woodruff, of Kansas City, Mo. (Spencer A. Gard, of Kansas City, Mo., on the brief), for appellant.

Robert E. Coleberd, of Kansas City, Mo. (William C. Michaels and Roy P. Swanson, both of Kansas City, Mo., Philip E. Horan, of Omaha, Neb., and Michaels, Blackmar, Newkirk, Eager & Swanson, of Kansas City, Mo., on the brief), for appellee Mutual Ben. Health & Accident Ass'n.

James W. Broaddus, of Kansas City, Mo. (Frank W. McAllister and G. W. Humphrey, both of Kansas City, Mo., and J. P. Lorentzen, of Des Moines, Iowa, on the brief), for appellee Bankers Life Co.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

These appeals are from a judgment for the defendants (appellees) entered upon verdicts of a jury in two actions brought to recover accidental death benefits under two policies of insurance issued to Fred H. Krug, who died January 1, 1938. The cases were tried together and come here upon a single record.

The insured at the time of his death was a resident of Russell, Kansas. He was fifty-two years of age, and until his last illness had...

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