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MERRICK v. ALLSTATE INSURANCE COMPANY

No. 17928.

349 F.2d 279 (1965)

Bertha MERRICK, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 17, 1965.

Attorney(s) appearing for the Case

Jerome J. Duff, St. Louis, Mo., for appellant.

Paul S. Brown, of Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, Mo., made argument for appellee and filed brief with F. X. Cleary, St. Louis, Mo.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

BLACKMUN, Circuit Judge.

Allstate Insurance Company insured Bertha Merrick under a disability policy calling for the payment of $50 per week so long as she was continuously and totally disabled as a result of an injury sustained in an automobile accident. Thereafter, and while the policy was in effect, she suffered injury in such an accident. She brings this action, removed from state court, against Allstate to recover, on grounds of alleged breach, repudiation, and...

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