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LEE JOHNSON, Appellant-Respondent, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION OF OMAHA, NEBRASKA, Respondent-Appellant.

Resettled judgment, insofar as appealed from, modified by increasing the amount thereof in the sum of $100 to cover hospital expenses to which plaintiff is entitled under the policy as written, with interest, and, as so modified, affirmed, with costs to plaintiff. Appeals from the judgment of April 10, 1958 dismissed as superseded. No opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

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JOHNSON v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASS'N
(Mar 13, 1959)