KERN v. TRI-STATE INSURANCE COMPANY

No. 18685.

386 F.2d 754 (1968)

Julius E. KERN, Appellant, v. TRI-STATE INSURANCE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 22, 1968.


Attorney(s) appearing for the Case

Donald L. Schmidt, of McMahon, Kieffer & Schmidt, Clayton, Mo., for appellant and filed brief.

William A. Moffitt, Jr., St. Louis, Mo., for appellee; John L. Harlan, Jr., of Harlan & Harlan, St. Louis, Mo., with him on the brief.

Before MEHAFFY and GIBSON, Circuit Judges, and STEPHENSON, District Judge.


MEHAFFY, Circuit Judge.

Julius E. Kern, plaintiff-appellant, brought suit against Tri-State Insurance Company, defendant-appellee, in Missouri state court, alleging that in 1953 Tri-State wrongfully terminated an insurance agency contract with him by failure to furnish notice of termination or consideration as required by the contract. Kern, in an effort to avoid the statute of limitations, alleged in his petition that he became insane sometime late in 1952 and that...

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