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ZIEGLER v. NATIONAL LIFE AND ACCIDENT INSURANCE CO.

No. 20460.

441 F.2d 869 (1971)

H. Paige ZIEGLER, Plaintiff-Appellant, v. The NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

May 3, 1971.

Attorney(s) appearing for the Case

Robert W. Dygert, Dygert & Gunn, and Charles R. Hall, Minneapolis, Minn., for plaintiff-appellant.

Ludwig B. Gartner, Jr., Minneapolis, Minn., Rex Roberts, Nashville, Tenn., for defendant-appellee; Faegre & Benson, Minneapolis, Minn., of counsel.

Before MATTHES, Chief Judge, VAN OOSTERHOUT and GIBSON, Circuit Judges.

GIBSON, Circuit Judge.

The plaintiff in this diversity case, H. Paige Ziegler, brought suit for $45,000, the proceeds of an alleged $15,000 triple indemnity life insurance policy on the life of his son, Thomas P. Ziegler, who was killed in an automobile accident on November 23, 1968. The case was tried to a jury before Judge Earl R. Larson, United States District Court for the District of Minnesota, and at the close of all the evidence, Judge Larson granted defendant...

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