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COLUMBIAN NAT. LIFE INS. CO. v. BLACK

No. 3.

35 F.2d 571 (1929)

COLUMBIAN NAT. LIFE INS. CO. v. BLACK.

Circuit Court of Appeals, Tenth Circuit.

October 16, 1929.

Attorney(s) appearing for the Case

Clarence A. Brandenburg, of Denver, Colo. (Stanley C. Brandenburg, of Denver, Colo., on the brief), for appellant.

Alva B. Adams, of Pueblo, Colo. (Robert S. Gast, of Pueblo, Colo., on the brief), for appellee.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

In 1906 the appellee (defendant below) applied to the predecessor of appellant for a $10,000 policy of life insurance on the ordinary life plan, the annual premium for which was $266.90. The application was approved and a policy issued and accepted and the premium paid. Two months later the company discovered that a peculiar mistake had occurred in the policy issued. The printer had used the form for an ordinary life policy for the first...

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