BRITTAIN v. TRAVELERS INS. CO.

No. 487.

70 F.Supp. 116 (1945)

BRITTAIN v. TRAVELERS INS. CO. et al.

District Court, D. Montana, Great Falls Division.

March 16, 1945.


Attorney(s) appearing for the Case

Lester H. Loble and Albert H. Angstman, both of Helena, Mont., and Church & Harris, of Great Falls, Mont., for plaintiff.

Weir, Clift & Bennett, of Helena, Mont., and Jardine, Chase & Stephenson, of Great Falls, Mont., for defendant.


PRAY, District Judge.

The question before the court at this time is on the motion to dismiss contained in the answer filed in the above entitled cause. The briefs submitted by counsel for plaintiff and defendant have been considered by the court. As it now appears, if the facts alleged in the amended complaint can be established by competent proof it might be shown by circumstantial evidence to a high degree of probability that the insured therein named came to his...

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