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JOHNSON v. STATE MUT. LIFE ASSUR. CO. OF AMERICA

No. 90-1971.

942 F.2d 1260 (1991)

Jo Ann JOHNSON, Appellant, v. STATE MUTUAL LIFE ASSURANCE CO. OF AMERICA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1991.

Attorney(s) appearing for the Case

Alan Cohen, St. Louis, Mo., for appellant.

Wilbur L. Tomlinson, argued (John Emde on brief), St. Louis, Mo., for appellee.

Before LAY, Chief Judge, and McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM and LOKEN, Circuit Judges, En Banc.

LOKEN, Circuit Judge, joined by LAY, Chief Judge, and ARNOLD, BOWMAN, WOLLMAN and MAGILL, Circuit Judges.

Plaintiff Jo Ann Johnson appeals from a district court order dismissing her Complaint for group life insurance benefits. 735 F.Supp. 331. Having concluded that Johnson's Complaint is governed by Missouri's ten-year contract statute of limitations, Mo.Ann.Stat. § 516.110(1), instead of the five-year contract statute of...

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