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

No. 76-1415.

562 F.2d 1034 (1977)

Howard VERLO, Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a New York Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1977.

Rehearing and Rehearing Denied October 20, 1977.

Attorney(s) appearing for the Case

Gerald L. Svoboda, St. Paul, Minn., for appellant.

Gregg M. Corwin, Minneapolis, Minn., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 20, 1977.

WEBSTER, Circuit Judge.

This case calls to mind the dictum of Justice Holmes that "hard cases make bad law."1 Depending upon the legal effect of an extension clause in appellant Equitable Life Insurance Company's group life insurance contract, the decedent's beneficiary is either entitled to recover a death benefit or is excluded from coverage by one day. The District Court...

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