BUSINESS MEN'S ASSUR. CO. OF AMERICA v. SAINSBURY

No. 1986.

110 F.2d 995 (1940)

BUSINESS MEN'S ASSUR. CO. OF AMERICA v. SAINSBURY.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 22, 1940.


Attorney(s) appearing for the Case

Robert L. Judd, of Salt Lake City, Utah (Emmett M. Bagley, Paul H. Ray, and Acel H. Nebeker, all of Salt Lake City, Utah, on the brief), for appellant.

H. A. Rich, of Salt Lake City, Utah (Carl A. Badger and Benjamin L. Rich, both of Salt Lake City, Utah, on the brief), for appellee.

Before BRATTON, and HUXMAN, Circuit Judges, and MURRAH, District Judge.


HUXMAN, Circuit Judge.

This is an action brought under Section 274d of the Judicial Code, 28 U.S.C.A. § 400, for a declaratory judgment to settle the rights and liabilities of the parties under a health and accident policy of insurance. There is no disagreement as to the facts, all of which were stipulated.

The Business Men's Assurance Company is a corporation existing and organized under the laws of the State of Missouri. On May 21, 1928, it issued a...

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