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GROTH v. STANDARD ACCIDENT INSURANCE COMPANY

No. 12521.

267 F.2d 399 (1959)

Fred O. GROTH, Plaintiff-Appellant, v. STANDARD ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 6, 1959.

Attorney(s) appearing for the Case

Tom L. Yates and Donald H. Haider, Chicago, Ill., Yates, Fisk & Haider, Chicago, Ill., of counsel, for appellant.

Jerome M. Brooks, Brooks & Gordon, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and PARKINSON and KNOCH, Circuit Judges.

PARKINSON, Circuit Judge.

The District Court dismissed plaintiff's complaint on defendant's motion grounded on the premise that it appears on the face of the complaint that 1) "the plaintiff has failed to comply with conditions 7 and 9 of the contract" in suit and 2) "there has been prior adjudication in a Court of the State of Illinois that the plaintiff was in fact served with process, and the plaintiff is estopped" thereby. This appeal by the plaintiff followed...

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