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COMMERCIAL UNION ASSURANCE COMPANY v. BERRY

No. 18164.

359 F.2d 510 (1966)

COMMERCIAL UNION ASSURANCE COMPANY, Ltd., Appellant, v. Frances L. BERRY, Appellee.

United States Court of Appeals Eighth Circuit.

April 28, 1966.

Attorney(s) appearing for the Case

Reed O. Gentry, of Rogers, Field & Gentry, Kansas City, Mo., for appellant.

John J. Alder, Kansas City, Mo., Herman M. Swafford, and R. I. Kidd, Kansas City, Mo., for appellee.

Before VOGEL, Chief Judge, BLACKMUN, Circuit Judge, and STEPHENSON, District Judge.

VOGEL, Chief Judge.

Defendant-appellant, Commercial Union Assurance Company, Ltd., a corporation, issued a group accident policy for the benefit of subscribing employees of Consolidated Underwriters of Kansas City, Missouri. Charles M. Berry became an assured under such policy. Frances L. Berry, Mr. Berry's wife and plaintiff-appellee herein, was named as the beneficiary. The policy provided for $30,000 in accidental death benefits. On February 25, 1962, in Clay County...

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