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BARKLAGE v. METROPOLITAN LIFE INS. CO.

No. 84-1028-CV-W-1.

614 F.Supp. 51 (1985)

Frances J. BARKLAGE, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.

United States District Court, W.D. Missouri, W.D.

January 17, 1985.

Attorney(s) appearing for the Case

Charles W. Hess, Sr., Kansas City, Mo., for plaintiff.

Niles S. Corson, of Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

JOHN W. OLIVER, Senior District Judge.

I.

This diversity case, removed from the Circuit Court of Jackson County, Missouri, was originally filed in two counts. Count II, which sought punitive damages in addition to the penalties provided in Missouri Revised Statute Section 375.420, was dismissed by Order of this Court on July 5, 1984.

Count I, which now pends on cross motions for summary judgment, alleges that...

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