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WAYNE v. NEW YORK LIFE INS. CO.

Nos. 12292, 12293.

132 F.2d 28 (1942)

WAYNE v. NEW YORK LIFE INS. CO. NEW YORK LIFE INS. CO. v. WAYNE.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 7, 1943.

Attorney(s) appearing for the Case

Daniel L. Brenner, of Kansas City, Mo. (Cornelius Roach, J. H. Greene, Jr., and Roach & Brenner, all of Kansas City, Mo., on the brief), for Jacob Wayne.

Richard S. Righter, of Kansas City, Mo. (R. Arch Smith and Rudolph Heitz, both of Kansas City, Mo., on the brief), for New York Life Ins. Co.

Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.

GARDNER, Circuit Judge.

This was an action brought by Jacob Wayne against the New York Life Insurance Company on an insurance contract to recover certain disability benefits and premiums paid during his alleged total permanent disability. It will be convenient to refer to the parties as they appeared in the lower court. Plaintiff recovered judgment for the disability benefits claimed and defendant has appealed from that judgment. Plaintiff, after entry of judgment...

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