PRESTON v. ÆTNA LIFE INS. CO.

No. 9678.

174 F.2d 10 (1949)

PRESTON v. ÆTNA LIFE INS. CO.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 16, 1949.


Attorney(s) appearing for the Case

Albert S. Barney and Edward J. Fleming, both of Chicago, Ill., for appellant.

Vincent O'Brien and Thomas J. Johnson, Jr., both of Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and MINTON and DUFFY, Circuit Judges.


DUFFY, Circuit Judge.

This action was commenced in the Circuit Court of Cook County, Illinois, upon a contract of accident insurance entered into in the State of Illinois. It was removed to the United States District Court by reason of diversity of citizenship and jurisdictional amount. This appeal is from a summary judgment dismissing the complaint.

At the threshold we are met with defendant's motion to dismiss the appeal upon the ground that same was not...

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