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CALDWELL v. AMERICAN NATL. INSURANCE COMPANY

No. 71-1457.

456 F.2d 1268 (1972)

Rosetta CALDWELL, Appellant, v. AMERICAN NATIONAL INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

April 3, 1972.

Attorney(s) appearing for the Case

John J. Belmont, St. Paul, Minn., for appellant.

Thomas P. Kane, Oppenheimer, Brown, Wolff, Leach & Foster, Saint Paul, Minn., for appellee.

Before BREITENSTEIN, Senior Circuit Judge, and BRIGHT and STEPHENSON, Circuit Judges.

PER CURIAM.

Rosetta Caldwell, widow of the decedent, Elmer Caldwell, appeals from a decision by Judge Devitt below in which he dismissed (Fed.Rules Civ.Proc. Rule 41(b) ) appellant's claim of an alleged oral contract to insure the life of the decedent made between the Caldwells and appellee's agent, Gordon Messerschmidt.

As a result of Messerschmidt's solicitations, Caldwell submitted an application for a term 65 life insurance policy on January 3, 1969. The...

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