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MAGILL v. TRAVELERS INS. CO.

No. 12451.

133 F.2d 709 (1943)

MAGILL v. TRAVELERS INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied 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.

Rehearing Denied April 7, 1943. See 134 F.2d 612.

SANBORN, Circuit Judge.

This action was brought by the conservator of Roy A. McClintic, an insane person, to recover disability benefits under a $5,000 policy of life insurance issued by the Travelers Insurance Company to McClintic in 1921. The policy contained the following provision:

"Settlement in the Event of Permanent Total Disability.

"After one full...

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