Kinard v. Mutual Benefit Health & Accident Ass'n of Omaha, Neb.

JOHN E. MILLER, District Judge.

Formal findings of fact and conclusions of law, separately stated, have been filed herein.

The plaintiff, Kenneth Kinard, is seeking to recover from the defendant, Mutual Benefit Health and Accident Association of Omaha, Nebraska, benefits in the sum of $200 per month from November 29, 1950, to the date of the filing of the complaint, April 2, 1952. However, at the trial it was stipulated by the parties that if the plaintiff is entitled to recover, judgment should be entered for the amount found due at the date of the trial, October 29, 1952.

The suit is based…