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EQUITABLE LIFE ASSUR. SOC. v. MERCANTILE COM. B. & T. CO.

No. 12627.

143 F.2d 397 (1944)

EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES v. MERCANTILE COMMERCE BANK & TRUST CO. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 1, 1944.

Attorney(s) appearing for the Case

Harry A. Frank, of St. Louis, Mo. (Theodore Rassieur and George M. Rassieur, both of St. Louis, Mo., on the brief), for appellant.

Wm. H. Armstrong, of St. Louis, Mo. (Thomas H. Cobbs, of St. Louis, Mo., on the brief), for appellees.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.

STONE, Circuit Judge.

This appeal is from judgment (on jury waived trial) in favor of the executors of Clarence R. Comfort for disability benefits under and return of premiums on two life insurance policies issued by appellant in 1921. The disability and premium waiver provisions are identical in the policies except for amounts (concerning which there is no issue).

In 1930, insured made claims for disability, which were approved by the company, and benefits...

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