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MITCHELL v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 46126.

245 N.W.2d 618 (1976)

Constance Grace MITCHELL, Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Respondent.

Supreme Court of Minnesota.

September 3, 1976.

Attorney(s) appearing for the Case

William Starr, Minneapolis, for appellant; Daniel Zeddies, Minneapolis, of counsel.

Briggs & Morgan and Samuel L. Hanson, St. Paul, for respondent.

Heard before SHERAN, C.J., and ROGOSHESKE and TODD, JJ., and considered and decided by the court en banc.

TODD, Justice.

Constance Grace Mitchell (Mitchell), an employee of Twin City Federal Savings and Loan Association (TCF), sought to recover disability benefits from The Equitable Life Assurance Society of the United States (Equitable) under a group long term disability income policy furnished by Equitable to TCF to cover TCF employees. The lower court denied recovery, finding that Mitchell failed to prove total disability and that she had failed to conform to the policy...

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