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KITHCART v. METROPOLITAN LIFE INS. CO.

No. 11880.

119 F.2d 497 (1941)

KITHCART v. METROPOLITAN LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 4, 1941.

Attorney(s) appearing for the Case

T. D. Judy, of Kansas City, Mo., 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, SANBORN, and THOMAS, Circuit Judges.

PER CURIAM.

This was a suit in equity brought by appellant as plaintiff to set aside a judgment entered in the United States District Court for the Western District of Missouri on the 18th of May, 1933, in an action at law wherein the appellant here was plaintiff and the appellee was defendant. That action was one at law brought to recover on a policy of accident insurance issued by appellee. The action was tried to the court and a jury, resulting in a verdict in...

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