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SIMMONS v. CONTINENTAL CASUALTY COMPANY

No. 19463.

410 F.2d 881 (1969)

Robert Glenmore SIMMONS and Gladyce W. Simmons, Appellants, v. CONTINENTAL CASUALTY COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 20, 1969.

Attorney(s) appearing for the Case

Robert G. Simmons, Jr., of Wright, Simmons & Hancock, Scottsbluff, Neb., for appellants; Floyd E. Wright and James R. Hancock, Scottsbluff, Neb., were with him on the brief.

Theodore J. Fraizer of Fraizer & Fraizer, Lincoln, Neb., for appellee; Cecil C. Fraizer, Lincoln, Neb., was with him on the brief.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and HEANEY, Circuit Judges.

MATTHES, Circuit Judge.

This is an appeal from the judgment of the United States District Court, Honorable William C. Hanson presiding, dismissing appellants' complaint. The district court's opinion details the pertinent facts and is reported at 285 F.Supp. 997 (D.Neb.1968).

The appellants, Robert Glenmore Simmons and his wife, Gladyce, brought an action in the Nebraska state court to recover $25,000 on an insurance policy...

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