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

No. 85-1453.

798 F.2d 1128 (1986)

Elsie M. LEAR, Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1986.

Rehearing Denied September 4, 1986.

Attorney(s) appearing for the Case

Austin Parham, Hannibal, Mo., for appellant.

Steven E. Raymond, Shelbyville, Mo., for appellee.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HENLEY, Senior Circuit Judge.

Elsie M. Lear brought suit in a Missouri state court for fraudulent misrepresentation against The Equitable Life Assurance Society of the United States (Equitable), based on the statements of its agent, Denzil D. David. Following removal to federal district court1 on the basis of diversity jurisdiction, a jury awarded Lear $214,000.00 actual damages and $200,000...

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