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LINCOLN BEN. LIFE CO. v. EDWARDS

No. 97-2154.

148 F.3d 999 (1998)

LINCOLN BENEFIT LIFE COMPANY, a Nebraska Domestic Insurance Corporation, Plaintiff-Appellant, v. Robert R. EDWARDS, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1998.

Attorney(s) appearing for the Case

Gary J. Nedved, Lincoln, NE, argued, for Appellant.

Rexford H. Caruthers, St. Louis, MO, argued (Robert Murray Ogborn, on the brief), for Appellee.

Before BEAM, HEANEY and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Lincoln Benefit Life filed a declaratory judgment in Nebraska state court against Robert Edwards, alleging he owed Lincoln $452,558.29. Edwards removed the action to federal court and filed a counterclaim for breach of contract. Lincoln raised the statute of limitations as an affirmative defense to Edwards' counterclaim. The district court1 concluded that there was an agency relationship between Lincoln and...

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