Jo Ann Johnson v. State Mutual Life Assurance Co. Of America
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LOKEN, Circuit Judge,
joined by LAY, Chief Judge, and ARNOLD, BOWMAN, WOLLMAN and MAGILL, Circuit Judges.
Plaintiff Jo Ann Johnson appeals from a district court order dismissing her Complaint for group life insurance benefits. 735 F.Supp. 331. Having concluded that Johnson’s Complaint is governed by Missouri’s ten-year contract statute of limitations, Mo.Ann.Stat. § 516.110(1), instead of the five-year contract statute of limitations applied by the district court, Mo.Ann.Stat. § 516.120(1), we reverse.
In October 1979, Cleveland Johnson died of a gunshot wound. At the time of his death, Mr.…
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