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RANG v. HARTFORD VARIABLE ANNUITY LIFE INS. CO.

No. 89-5339SD.

908 F.2d 380 (1990)

Bernice L. RANG, Executrix in the Matter of the Estate of Charles W. Rang, Sr., Deceased; Charles W. Rang, Jr.; Darla Browning, Appellants, v. The HARTFORD VARIABLE ANNUITY LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1990.

Attorney(s) appearing for the Case

Richard J. Helsper, Brookings, S.D., for appellants.

Timothy M. Gebhart, Sioux Falls, S.D., for appellee.

Before McMILLIAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and ARNOLD, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The principal question in this case, here on appeal from the United States District Court for the District of South Dakota, is whether the district court correctly held that under South Dakota law the appellants' endorsement of checks that stated on the back that such endorsement constituted "a clear release in full settlement" of an account was an accord and satisfaction. The second question is whether the district court justifiably...

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