AMERICAN UNITED LIFE INS. CO. v. FISCHER

No. 11852.

117 F.2d 811 (1941)

AMERICAN UNITED LIFE INS. CO. et al. v. FISCHER, Com'r of Insurance of Iowa.

Circuit Court of Appeals, Eighth Circuit.

February 24, 1941.


Attorney(s) appearing for the Case

Robert A. Adams, of Indianapolis, Ind. (Aaron T. Jahr, of Indianapolis, Ind., and Phineas M. Henry, of Des Moines, Iowa, on the brief), for appellant American United Life Ins. Co.

Clayton F. Jennings, of Lansing, Mich. (Phineas M. Henry, of Des Moines, Iowa, on the brief), for appellant John G. Emery, Commissioner of Insurance of State of Michigan, as permanent liquidating receiver of American Life Ins. Co. of Detroit, Mich.

John M. Scott and B. E. Godfrey, both of Fort Worth, Tex. (McGown, McGown, Godfrey & Logan, of Fort Worth, Tex., Phineas M. Henry, of Des Moines, Iowa, and H. L. Logan, Jr., of Fort Worth, Tex., on the brief), for appellant Dan E. Lydick, receiver of American Life Ins. Co. of Detroit, Mich. (in Texas).

Willis J. O'Brien and John N. Hughes, Jr., both of Des Moines, Iowa (John N. Hughes and Hughes, O'Brien & Hughes, all of Des Moines, Iowa, on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

This controversy arises out of the insolvency of the American Life Insurance Company of Detroit, Michigan (herein called the Michigan Company), which was incorporated under the laws of Michigan, and which, on April 12, 1938, when it was taken over for liquidation or reinsurance by the Commissioner of Insurance of Michigan, had on deposit with the Commissioner of Insurance of Iowa securities of a face value in excess of $3,600,000. The Commissioner...

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