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

No. 76-1853.

553 F.2d 573 (1977)

Lyle F. MARTIN, Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1977.

Attorney(s) appearing for the Case

David A. Gerdes, Pierre, S. D., for appellant; Donald A. Porter, Pierre, S. D., on brief.

Charles R. Johnson, Gregory, S. D., for appellee; Sam Masten, Canton, S. D., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and ROSS and WEBSTER, Circuit Judges.

VAN OOSTERHOUT, Senior Circuit Judge.

Plaintiff Martin brought this action for damages caused by the alleged wrongful termination of his January 1, 1966, written agency contract with the defendant company. Defendant answered by generally denying the allegations of the complaint except that it was admitted that the contract had been entered into. By way of affirmative defense, defendant asserted that the contract had been lawfully terminated by it pursuant to Article...

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