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02-1834•Robert Mems v. City of St. Paul
02-1834Court of Appeals for the Eighth CircuitApr 30, 2003
1 The Honorable George Howard, Jr., United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 02-3764
___________
Larry Case, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Eastern District of Arkansas.
*
Continental Casualty Company, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: April 22, 2003
Filed: April 28, 2003
___________
Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.
___________
PER CURIAM.
Larry Case appeals from the District Court’s 1 adverse grant of summary
judgment in his diversity action against Continental Casualty Co. Having carefully
reviewed the record and the parties’ briefs, see Washburn v. Soper, 319 F.3d 338, 340
(8th Cir. 2003) (noting de novo review), we agree that the death of Case's mother
from lung cancer was not, under the terms of his mother's policy, an accident;
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therefore, he was not entitled to accidental death benefits. Accordingly, we affirm the
well-reasoned opinion of the District Court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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