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FARLEY v. BENEFIT TRUST LIFE INS. CO.

Nos. 91-3751, 91-3752.

979 F.2d 653 (1992)

Carl L. FARLEY, Appellant, v. BENEFIT TRUST LIFE INSURANCE COMPANY, Appellee. Carl L. FARLEY, Appellee, v. BENEFIT TRUST LIFE INSURANCE COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1992.

Rehearing and Rehearing Denied December 22, 1992.

Attorney(s) appearing for the Case

Stephen Hiotis, St. Louis, Mo., argued (Richard A. Gartner, Stephen C. Hiotis and Becky R. Eggmann, on the brief), for appellant/cross-appellee.

Keith Rabenberg, St. Louis, Mo., argued (Clark H. Cole and Keith A. Rabenberg, on the brief), for appellee/cross-appellant.

Before JOHN R. GIBSON, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 22, 1992.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In 1987, Judith Farley had a lesion removed from her scalp; the lesion was diagnosed as a malignant melanoma, or skin cancer. The following year, evaluation revealed that the cancer had spread; tumors were present in her lung and her brain stem. Mrs. Farley's husband, plaintiff Carl Farley, was employed by Thiel Tool and Engineering at the time of these events...

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