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FAWCETT v. SUN LIFE ASSUR. CO. OF CANADA

No. 2673.

135 F.2d 544 (1943)

FAWCETT v. SUN LIFE ASSUR. CO. OF CANADA et al.

Circuit Court of Appeals, Tenth Circuit.

April 28, 1943.

Attorney(s) appearing for the Case

Wilbur F. Denious, Hudson Moore, and Dayton Denious, all of Denver, Colo., for appellant.

Winston S. Howard and Pershing, Bosworth, Dick & Dawson, all of Denver, Colo., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal from the judgment of the United States District Court for the District of Colorado dismissing appellant's amended complaint and cause of action.

The amended complaint alleged in substance that on January 11, 1939, appellee issued and delivered to appellant two documents described as a combination single premium assurance and annuity contract; that in one it agreed to pay his...

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