GRAGG v. TRAVELERS INSURANCE COMPANY

No. 71-1249.

459 F.2d 418 (1972)

Melvin H. GRAGG, Plaintiff-Appellant, v. The TRAVELERS INSURANCE COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 2, 1972.


Attorney(s) appearing for the Case

Sam A. Townley, Oklahoma City, Okl., for plaintiff-appellant.

Burton J. Johnson, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., for defendant-appellee.

Before CLARK, Associate Justice, and HILL and DOYLE, Circuit Judges.


Mr. Justice CLARK:

This is an appeal from a summary judgment entered against Appellant, Melvin H. Gragg, on his amended complaint alleging a breach of contract by Appellee, The Travelers Insurance Company, in the writing of a group hospitalization and surgical benefit insurance policy on 26,967 employees of the State of Oklahoma. We find that there is a genuine issue of material fact presented by the amended complaint, stipulation, and affidavit filed herein and that...

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