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ROBERTS v. METROPOLITAN LIFE INS. CO.

No. 84-1404.

808 F.2d 1387 (1987)

Marjorie ROBERTS, the Mission State Bank and Trust Company (now Federal Deposit Insurance Corporation); and the Overland Park State Bank and Trust Company, Plaintiffs-Appellees, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

As Amended January 30, 1987.

Attorney(s) appearing for the Case

William J. Toppeta (Rena Friedlander, of counsel, with him on the briefs), New York City, for defendant-appellant.

Richard T. Merker (Leonard J. Schapker also of Wallace, Saunders, Austin, Brown and Enochs, with him on the briefs), Overland Park, Kan., for plaintiffs-appellees.

Before LOGAN and MOORE, Circuit Judges, and WEST, District Judge.

LOGAN, Circuit Judge.

In this diversity case, defendant, Metropolitan Life Insurance Company, appeals from the judgment of a federal district court in Kansas holding Metropolitan liable to pay the full amount of a $250,000 insurance policy on the life of Sherman H. Roberts. The district court found that Metropolitan's conduct had led Roberts to justifiably believe that his late premium payments would be accepted without fulfillment of the policy's reinstatement requirement...

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