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SMITH v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 45034.

300 S.W.2d 435 (1957)

Norma J. SMITH and L. G. Barr, Appellants, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to and to Remand for New Trial Denied April 8, 1957.

Attorney(s) appearing for the Case

Clarence C. Chilcott, Kansas City, for appellants.

Henry G. Eager, Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, for respondent. Ralph E. Fain, Houston, Tex., of counsel.

Motion for Rehearing or to Transfer to Court en Banc and to Remand for New Trial Denied April 8, 1957.

HOLMAN, Commissioner.

Lieutenant Colonel Merrill E. Smith was killed on April 8, 1952, in the crash of a U. S. A. F. B-25 aircraft. This action was instituted by his widow, Norma J. Smith, the beneficiary, and her assignee, L. G. Barr, to recover from the defendant, The Prudential Insurance Company of America, the amount they allege to be due them on a policy...

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