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EQUITABLE LIFE A. S. v. MERCANTILE-COMMERCE B. & T. CO.

No. 13167.

155 F.2d 776 (1946)

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

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 17, 1946.

Attorney(s) appearing for the Case

Lon O. Hocker and Orville Richardson, both of St. Louis, Mo. (James C. Jones and James C. Jones, Jr., both of St. Louis, Mo., L. D. Fitzgerald, of New York City, and Jones, Hocker, Gladney & Grand, of St. Louis, Mo., on the brief), for appellant.

William H. Armstrong, of St. Louis, Mo. (Thomas H. Cobbs and Cobbs, Logan, Roos & Armstrong, all of St. Louis, Mo., on the brief), for appellees.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.

JOHNSEN, Circuit Judge.

The action is by an insured's executors, on two life-insurance policies, under Missouri law, to recover payment of benefits from March, 1932, to April, 1939, for the insured's total and permanent disability, and return of premiums for that period, which he was entitled to have had waived. From a judgment for the amount of the benefits and the premiums, D.C., 59 F.Supp. 787, the insurer has appealed.

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