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FEDERAL LIFE INS. CO. v. ETTMAN

No. 11942.

120 F.2d 837 (1941)

FEDERAL LIFE INS. CO. v. ETTMAN.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 28, 1941.

Attorney(s) appearing for the Case

Wayne Ely, of St. Louis, Mo., for appellant.

J. L. London, of St. Louis, Mo. (Leahy, Walther & Hecker, of St. Louis, Mo., on the brief), for appellee.

Before GARDNER and JOHNSEN, Circuit Judges, and COLLET, District Judge.

GARDNER, Circuit Judge.

Appellant was plaintiff below and brought this suit seeking a cancellation of an insurance contract issued by it to appellee in January, 1928, whereby it agreed to insure appellee and indemnify him in the sum of $300 monthly for each and every month during his lifetime that he suffered a total loss of business time as the result of accidental injury or sickness causing total disability and total loss of business time, subject to the conditions...

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