Cheney v. Metropolitan Life Insurance Co.

BERNDT, Circuit Judge.

This is an appeal from a summary judgment dismissing an action for declaratory judgment, mandamus and other relief, by appellant, Marva Cheney, to collect life insurance benefits. We affirm.

The facts of this case are before us by stipulation and are not in dispute.

Appellant was the widow of Julian Cheney. Julian Cheney took office as the South Dakota Commissioner of School and Public Lands on January 3, 1983, and thus became a state employee, eligible to join the state employees’ group life insurance plan. Cheney died January 16, 1983.

Marva Cheney died subsequent to the…