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SIMMONS v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 36830.

159 N.W.2d 197 (1968)

183 Neb. 175

Robert G. SIMMONS, Sr. and Gladyce W. Simmons, Appellants, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, a Corporation, Appellee.

Supreme Court of Nebraska.

May 24, 1968.

Attorney(s) appearing for the Case

Ray C. Simmons, Fremont, for appellants.

Fraizer & Fraizer, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.

CARTER, Justice.

Plaintiffs brought this action against the defendant in the municipal court of Lincoln, Nebraska, to recover benefits alleged to be due under a health and accident insurance policy issued by the defendant. On April 26, 1967, the municipal court entered a judgment for the plaintiffs. On May 5, 1967, defendant filed a notice of appeal and appeal bond for the purpose of perfecting an appeal to the district court.

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