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ROSENBLOOM v. NEW YORK LIFE INS. CO.

No. 13394.

163 F.2d 1 (1947)

ROSENBLOOM et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 18, 1947.

Attorney(s) appearing for the Case

Solbert M. Wasserstrom, of Kansas City, Mo. (Phillip L. Levi, of Kansas City, Mo., on the brief), for appellants.

Richard S. Righter, of Kansas City, Mo. (Howard A. Crawford, of Kansas City, Mo., Ferdinand H. Pease, of New York City, and Lathrop, Crane, Sawyer, Woodson & Righter, of Kansas City, Mo., on the brief), for appellee.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.

STONE, Circuit Judge.

This is an action in two counts. In the first count, specific performance of an annuity contract issued by appellee to Jay R. Rosenbloom is sought to compel issuance of a policy of insurance on the ordinary life plan on the life of Rosenbloom, in accordance with an option in the annuity contract. The second count is to collect death benefits under the life policy, with damages for vexatious delay and for attorney fees.

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