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COMMERCIAL UNION INS. CO. v. SCHMIDT

No. 91-2706.

967 F.2d 270 (1992)

COMMERCIAL UNION INSURANCE CO., Plaintiff, v. Minnie T. SCHMIDT, Defendant/Appellee, and Norma J. Koland, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 18, 1992.

Attorney(s) appearing for the Case

Neil A. McEwen, Thief River Falls, Minn., argued, for appellant.

Roger C. Malm, Hallock, Minn., argued (Blake S. Sobolik, on the brief), for appellee.

Before McMILLIAN and HANSEN, Circuit Judges, and VAN SICKLE, Senior District Judge.

HANSEN, Circuit Judge.

Norma Koland appeals from the district court's ruling granting Minnie Schmidt's motion for summary judgment, and denying Norma Koland's motion for summary judgment. We reverse in part, affirm in part, and remand.

I. Background

Cora Schmidt died on February 21, 1990. She had a life insurance policy with Commercial Life Insurance Company ("Commercial Life"). When she acquired...

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