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WASH v. WESTERN EMPIRE LIFE INSURANCE COMPANY

No. 16718.

298 F.2d 374 (1962)

Albert W. WASH and Mildred Wash, Appellants, v. WESTERN EMPIRE LIFE INSURANCE COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

January 16, 1962.

Attorney(s) appearing for the Case

James H. Ottman, Kansas City, Mo., for appellant, and Sebree, Shook, Hardy & Ottman, Kansas City, Mo., on the brief.

Henry G. Eager, Kansas City, Mo., for appellee, and George C. Stewart, Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, Mo., and Morris Rutland, Denver, Colo., on the brief.

Before VOGEL, VAN OOSTERHOUT and BLACKMUN, Circuit Judges.

VOGEL, Circuit Judge.

This is an appeal from an order of the District Court quashing service of process and dismissing appellants' complaint without prejudice. The action was originally instituted by the appellants in the Circuit Court of Jackson County, Missouri, whereby they, as beneficiaries, sought recovery on a life insurance policy issued by the appellee to the appellants' son, Walter L. Wash. Diversity of citizenship and the requisite amount made for federal...

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