
    THE STATE ex rel. METROPOLITAN LIFE INSURANCE COMPANY v. W. D. VANDIVER, Superintendent of Insurance of the State of Missouri.
    In Banc,
    July 9, 1909.
    Mandamus.
    Peremptory writ denied.
   WOODSON, J.

This is another one of the three cases briefed, argued and submitted together with the case of State ex rel. Equitable Life Assurance Society v. Vandiver, Superintendent of Insurance of the State of Missouri. The issues and legal propositions involved in this case are substantially the same as those involved in that, and. the conclusions reached in that case are controlling in this. We are, therefore, of the opinion that a peremptory writ of mandamus should be denied, and it is so ordered.

Vallimt, G. J., Burgess, and Gantt, JJ., concur; Graves, J., dissents in separate opinion in which Fox and Lamm, JJ., concur.

DISSENTING- OPINION.

GRAVES, J.

This case was argued and submitted with the case of State ex rel. Equitable Life Assurance Society of the United States v. Vandiver, Superintendent. Practically the same state of admitted facts is involved. The same questions of law are presented. I dissent from the majority opinion herein, for the reasons fully assigned in my dissenting opinion in the Equitable case, supra.

In this Fox and Lamm, JJ., concur.  