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KERN v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

Nos. 16651, 16683.

293 F.2d 251 (1961)

Julius E. KERN, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. Julius E. KERN, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 9, 1961.

Attorney(s) appearing for the Case

Julius E. Kern, Clayton, Mo., pro se.

William W. Sleater, Jr., St. Louis, Mo., for Prudential Co. Fred W. Schwarz and Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, Mo., on the brief.

Before GARDNER, VOGEL and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This action was brought by plaintiff Kern to determine his rights under two policies of life insurance issued by the defendant — No. 11,335,891, a $10,000 modified whole life policy hereinafter called the whole life policy, and No. 31,000,481, a $49,000 five-year term policy, expiring June 4, 1956, with conversion privilege, hereinafter called the term policy. Both policies contain provisions for waiver of premium for total permanent...

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