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BROWN v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 90-1005-C.

766 F.Supp. 928 (1991)

John L. BROWN, Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant.

United States District Court, D. Kansas.

May 9, 1991.

Attorney(s) appearing for the Case

Norman G. Manley, Davis & Manley, El Dorado, Kan., for plaintiff.

Ronald M. Gott, Klenda, Mitchell, Austerman & Zuercher, Wichita, Kan., for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

This is a declaratory judgment action filed by John L. Brown to determine coverage under a policy of disability insurance issued by the Equitable Life Assurance Society of the United States (Equitable). The sole issue presented by this case is whether Brown, the insured, may recover under a disability insurance policy issued by Equitable notwithstanding the fact that Brown has already received benefits under another...

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