HICKS v. CAPITOL AMERICAN LIFE INS. CO.

Nos. 90-2420, 90-2471.

943 F.2d 891 (1991)

Basil V. HICKS, Jr., Trustee in Bankruptcy for the Estate of Robert M. Lamb, Jr., Appellee, v. CAPITOL AMERICAN LIFE INSURANCE COMPANY, Appellant, Arkansas Employment Security Division; Arkansas State Police; Arkansas Department of Finance & Administration; Arkansas Department of Revenue, Garnishees. Basil V. HICKS, Jr., Trustee in Bankruptcy for the Estate of Robert M. Lamb, Jr., Appellant, v. CAPITOL AMERICAN LIFE INSURANCE COMPANY, Appellee, Arkansas Employment Security Division; Arkansas State Police; Arkansas Department of Finance & Administration; Arkansas Department of Revenue, Garnishees.

United States Court of Appeals, Eighth Circuit.

Decided September 6, 1991.

Rehearing Denied October 8, 1991.


Attorney(s) appearing for the Case

Gary Barket, Little Rock, Ark., argued, (Jim O'Hara, on the brief), for appellant.

Joe D. Calhouon, Little Rock, Ark., for appellee.

Before JOHN R. GIBSON, Circuit Judge, and ROSS and HENLEY, Senior Circuit Judges.


HENLEY, Senior Circuit Judge.

Basil V. Hicks, Jr., the bankruptcy trustee and the appellee, sued Capitol American Life Insurance Company, the insurance principal and the appellant, alleging contract and tort liability for breach of an insurance sales marketing (commissions) agreement between Robert M. Lamb, Jr., the bankrupt debtor, and appellant. The jury awarded Lamb $108,627.00 and the court awarded costs and pre-judgment interest. Appellant essentially argues...

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