ORDER OF UNITED COMMERCIAL TRAVELERS v. MEINSEN

No. 12260.

131 F.2d 176 (1942)

ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA v. MEINSEN et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 14, 1942.


Attorney(s) appearing for the Case

Carson E. Cowherd, of Kansas City, Mo. (John B. Gage, of Kansas City, Mo., E. W. Dillon, of Columbus, Ohio, and Gage, Hillix, Hodges & Cowherd, of Kansas City, Mo., on the brief), for appellant.

Roscoe C. Van Valkenburgh, of Kansas City, Mo. (Arthur Miller, Alton Gumbiner, David L. Sheffrey, and Miller, Gumbiner Sheffrey & Van Valkenburgh, all of Kansas City, Mo., on the brief), for appellees.

Before SANBORN, THOMAS, and JOHNSEN, Circuit Judges.


THOMAS, Circuit Judge.

This is an appeal from a judgment in favor of appellees as beneficiaries named in an accident benefit certificate issued by appellant to Christian W. Meinsen of Higginsville, Missouri.

Reversal is sought upon two grounds, namely, (1) that the death of the insured resulted from murder and was not covered by the contract; and (2) that the action was barred by an express limitation in the contract.

The material facts are not in...

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