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CUNNINGHAM v. METROPOLITAN LIFE INSURANCE COMPANY

Civ. A. No. 2410.

294 F.Supp. 1054 (1969)

Joel W. CUNNINGHAM, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, a corporation, Defendant.

United States District Court S. D. West Virginia, Huntington Division.

January 13, 1969.

Attorney(s) appearing for the Case

Baer, Napier & Hamlin, Huntington, W. Va., for plaintiff.

R. Kemp Morton, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W. Va., for defendant.

CHRISTIE, District Judge:

This case concerns the right of the plaintiff to recover disability benefits under a group policy of insurance issued by Metropolitan Life Insurance Company to the employees of Union Carbide.

The case was tried before the Court and submitted for decision upon the evidence taken before the Court and the depositions of Dr. Walter C. Swann, taken on June 25, 1968 and Joel W. Cunningham, taken on June 7, 1968, medical reports of Dr. Rowland...

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