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CLOSE v. PRUDENTIAL INSURANCE CO. OF AMERICA

No. 25064.

455 S.W.2d 10 (1970)

Mildred E. CLOSE, Plaintiff-Respondent, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, a Corporation, Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

Motion for Rehearing and/or Transfer Denied June 1, 1970.

Application to Transfer Denied July 13, 1970.

Attorney(s) appearing for the Case

John Kitchin, Swanson, Midgley, Jones, Eager & Gangwere, Kansas City, for appellant.

Richard A. Erickson, Erickson, Ewing, Boyle & Gibson, Kansas City, for respondent.

Motion for Rehearing and/or Transfer to the Supreme Court Denied June 1, 1970.

SPERRY, Commissioner.

This case comes to the writer on reassignment. It was tried to the court, without a jury, on December 6th, 1967. Judgment was for plaintiff in the sum of $3,811.25, with interest at 6 percent. Defendant appeals.

This suit is not on an insurance policy but is based on accord and satisfaction, waiver and estoppel. On July 2d, 1941, Philip J. Close, deceased...

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