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HARRIS v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES

Civ. A. No. 3-730.

147 F.Supp. 478 (1957)

LaVon HARRIS, Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES and Robert Smyth, Defendants.

United States District Court S. D. Iowa, Central Division.

January 9, 1957.

Attorney(s) appearing for the Case

W. K. Doran, of Doran, Doran, Doran, Erbe & Doran, Boone, Iowa for plaintiff.

Phineas M. Henry, Ralph A. Church, Luther L. Hill, Jr., Des Moines, Iowa, for defendants.

REEVES, District Judge.

It is alleged in the complaint that the defendants, The Equitable Life Assurance Society and one Robert Smyth, conspired to bring about a breach of the contract of insurance of the defendant Assurance Society. The cause was brought in the state court and removed to this court on the ground of a separable controversy.

Able counsel for the plaintiff has endeavored to engraft upon a suit for breach of contract, a conspiracy. In the case...

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