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BOAZ v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 12896.

146 F.2d 321 (1944)

BOAZ v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 15, 1945.

Attorney(s) appearing for the Case

Ivon Lodge, of St. Louis, Mo. (Otto O. Fickeissen, of St. Louis, Mo., on the brief), for appellant.

James C. Jones, Jr., of St. Louis, Mo. (James C. Jones and Orville Richardson, both of St. Louis, Mo., Louis W. Dawson, of New York City, and Jones, Hocker, Gladney & Grand, of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

In this civil action to recover upon the accident provisions of a double indemnity life insurance policy the plaintiff claimed that although the death of the insured (her husband) was self-inflicted, he was insane at the time and that she was, therefore, entitled to recover on the policy under the applicable Missouri law. The trial court dismissed the case for insufficiency of the plaintiff's evidence to show insanity of the insured, and...

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