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KITHCART v. METROPOLITAN LIFE INS. CO.

No. 1774.

62 F.Supp. 93 (1944)

KITHCART v. METROPOLITAN LIFE INS. CO.

District Court, W. D. Missouri, W. D.

June 9, 1944.

Attorney(s) appearing for the Case

M. J. O'Donnell, of Kansas City, Mo., for plaintiff.

Henry I. Eager and Michaels, Blackmar, Newkirk, Eager & Swanson, all of Kansas City, Mo., for defendant.

OTIS, District Judge.

This venerable controversy haunts us like a ghost which cannot be laid. Once our colleague put an end to it. 55 F.Supp. 200. Twice we buried it. Twice the Court of Appeals not only refused to resurrect it (8 Cir., 88 F.2d 407; 8 Cir., 119 F.2d 497), but almost spat on the grave. Here it comes again!

1. The controversy (should we say...

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