O'BRIEN v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES

No. 14954.

212 F.2d 383 (1954)

O'BRIEN v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied May 6, 1954.


Attorney(s) appearing for the Case

Thomas E. Hudson, Kansas City, Mo., (David T. Cavanaugh and Hudson, Whitcraft & Cavanaugh, Kansas City, Mo., on the brief), for appellant.

Henry I. Eager, Kansas City, Mo., (Henry G. Eager, Blackmar, Newkirk, Eager, Swanson & Midgley, Kansas City, Mo., Leo D. Fitzgerald and Joseph L. Zehnder, New York City, of counsel, on the brief), for appellee.

Before GARDNER, Chief Judge, and JOHNSEN and COLLET, Circuit Judges.


COLLET, Circuit Judge.

This is an action to recover double indemnity insurance for the alleged accidental death of plaintiff's husband. From a directed verdict for the defendant insurance company at the close of all the evidence, plaintiff appeals. The sole question for review is whether plaintiff established a prima facie case warranting its submission to the jury. It is conceded that the law of Missouri is controlling.

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