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BANKERS LIFE AND CASUALTY CO. v. LEARY

No. 18833.

387 F.2d 564 (1967)

BANKERS LIFE AND CASUALTY CO., Appellant, v. Mary Patricia LEARY, Appellee.

United States Court of Appeals Eighth Circuit.

December 29, 1967.

Attorney(s) appearing for the Case

James W. Humphrey, Jr., of Kuraner, Oberlander, Lamkin & Dingman, Kansas City, Mo., for appellant.

Charles C. Shafer, Jr., Kansas City, Mo., for appellee.

Before VAN OOSTERHOUT, MEHAFFY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

This is an appeal from a diversity action brought in the Western District of Missouri before Judge Hunter. The facts are undisputed. Robert Leary was employed as an officer of Ryder Truck Lines, Inc., a Florida corporation. He was covered by a Special Risk Group Insurance Policy carried by Ryder with Bankers Life & Casualty Company. On December 16, 1964, Leary tendered his resignation which was accepted by Ryder. At about 10:20 A.M., on...

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