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NEW YORK LIFE INS. CO. v. GRIESEDIECK

No. 11722.

116 F.2d 559 (1941)

NEW YORK LIFE INS. CO. v. GRIESEDIECK.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 31, 1941.

Attorney(s) appearing for the Case

James C. Jones, Jr., of St. Louis, Mo. (James C. Jones and Lon O. Hocker, both of St. Louis, Mo., and Louis H. Cooke, of New York City, on the brief), for appellant.

William L. Mason, of St. Louis, Mo. (Vincent M. Flynn, of St. Louis, Mo., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and OTIS, District Judge.

GARDNER, Circuit Judge.

This suit was brought by appellant, New York Life Insurance Company, under the Federal Declaratory Judgment Act, 28 U.S. C.A. § 400, seeking a declaration of the rights and privileges of the parties under the double indemnity or accidental death clause of a policy of life insurance issued by that company upon the life of Raymond B. Griesedieck, the appellee being named as beneficiary in said policy.

The insured died July 12, 1930...

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