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MAGILL v. TRAVELERS INS. CO.

No. 12451.

134 F.2d 612 (1943)

MAGILL v. TRAVELERS INS. CO.

Circuit Court of Appeals, Eighth Circuit.

April 7, 1943.

Attorney(s) appearing for the Case

J. L. London, of St. Louis, Mo. (Phineas Rosenberg, of Kansas City, Mo., and Leahy, Walther & Hecker, of St. Louis, Mo., on the brief), for appellant.

Vincent L. Boisaubin, of St. Louis, Mo. (James C. Jones, Jr., and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

PER CURIAM.

The appellee in its petition for rehearing has called our attention to the fact that, since the submission of this case, there has been certified to the Supreme Court of Missouri the case of Schoen v. American National Insurance Co., 167 S.W.2d 423, in which the St. Louis Court of Appeals held (with one judge dissenting) that incapacity caused by the insanity of an insured under a life policy providing for disability benefits would excuse compliance by...

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