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EVERHART v. STATE LIFE INS. CO.

No. 9943.

154 F.2d 347 (1946)

EVERHART v. STATE LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

April 2, 1946.

Attorney(s) appearing for the Case

M. C. Harrison, of Cleveland, Ohio (Marvin C. Harrison, of Cleveland, Ohio, and Robert H. Rice, of Elyria, Ohio, on the brief), for appellant.

Thomas V. Koykka, of Cleveland, Ohio (C. M. Horn, McKeehan, Merrick, Arter & Stewart, all of Cleveland, Ohio, on the brief) and Joseph A. McGowan, of Indianapolis, for appellee.

Before MARTIN and McALLISTER, Circuit Judges, and FORD, District Judge.

MARTIN, Circuit Judge.

On January 28, 1921, while insured in The State Life Insurance Company by the terms of a twenty year endowment policy containing specific clauses pertaining to waiver of premiums and total and permanent disability benefits, William Robert Everhart, a brakeman in the employ of the Baltimore & Ohio Railroad Company, sustained severe personal injuries in the performance of his regular duties. He received $15,000 from the railroad company in...

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