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OTTEN v. STONEWALL INSURANCE COMPANY

No. 74-1497.

511 F.2d 143 (1975)

Daniel F. OTTEN, Appellee, v. The STONEWALL INSURANCE COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 18, 1975.

Attorney(s) appearing for the Case

R. D. Blanchard, Minneapolis, Minn., for appellant.

Vincent E. Johnson, Minneapolis, Minn., for appellee.

Before MATTHES, Senior Circuit Judge, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

Daniel F. Otten, a resident of Minnesota, brought this diversity action seeking to recover $25,000 from The Stonewall Insurance Company (Stonewall) allegedly due him under a pilots disability insurance policy issued on December 1, 1969. After a trial to a jury a verdict for Otten was returned, upon which judgment was entered. Stonewall's post-trial motions for judgment n. o. v. or a new trial were denied by the district court,

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