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CUTTER v. LINCOLN NAT. LIFE INS. CO.

Nos. 85-5174, 85-5189.

794 F.2d 352 (1986)

Shirley J. CUTTER, Plaintiff-Appellee-Cross-Appellant, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Lincoln National Pension Insurance Company, Lincoln National Sale Corporation, and Lincoln Financial and Insurance Sales Corporation, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 25, 1986.

Rehearing and Rehearing Denied September 5, 1986.

Attorney(s) appearing for the Case

Timothy Nimick, Sioux Falls, S.D., for defendants-appellants-cross-appellees.

Dennis C. McFarland and Scott C. Petersen, Sioux Falls, S.D., for plaintiff-appellee-cross-appellant.

Before ARNOLD and FAGG, Circuit Judges, and OLIVER, Senior District Judge.

Rehearing and Rehearing En Banc Denied September 5, 1986.

JOHN W. OLIVER, Senior District Judge.

Defendants appeal from entry of judgment on the jury verdict and the denial, in part, of their motion for judgment notwithstanding the verdict (judgment n.o.v.) or, in the alternative, for a new trial. Jurisdiction is based on diversity, 28 U.S.C. § 1332.

On Counts I and II, the jury returned a verdict of $50,000 for the plaintiff on both counts. Count...

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