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AYLESWORTH v. MUTUAL OF OMAHA

Nos. 77-1400, 77-1433.

598 F.2d 1040 (1979)

Dorothy AYLESWORTH, Plaintiff-Appellee, v. MUTUAL OF OMAHA, (77-1400) Defendant-Appellant. Dorothy AYLESWORTH, Plaintiff-Appellee, v. TRAVELERS INSURANCE COMPANY, (77-1433) Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 22, 1979.

Rehearing Denied June 11, 1979.

Attorney(s) appearing for the Case

Arthur M. Hoffeins, Detroit, Mich., for Mutual of Omaha.

Robert C. Zack, Lippitt, Harrison, Perlove, Friedman & Zack, Southfield, Mich., for Aylesworth.

John D. Reseigh, Barry M. Kelman, Southfield, Mich., for Travelers Ins. Co.

Before ENGEL and MERRITT, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing Denied in No. 77-1400, June 11, 1979.

PER CURIAM.

The defendant insurance companies appeal the orders of District Judges Pratt and Joiner granting summary judgment to the plaintiff in two diversity suits to collect benefits under a policy of accident insurance issued by each of the insurance companies. The insurance contracts, which were entered into in Michigan, provide for benefits if the insured were...

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