FRANKLIN LIFE INS. CO. v. JOHNSON

No. 3322.

157 F.2d 653 (1946)

FRANKLIN LIFE INS. CO. v. JOHNSON et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied October 17, 1946.


Attorney(s) appearing for the Case

Lowell White, of Denver, Colo. (White and Holland, of Denver, Colo., on the brief), for appellant.

Archibald A. Lee, of Denver, Colo. (Benjamin Griffith, of Denver, Colo., on the brief), for appellees.

Before PHILLIPS and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The appellant, Franklin Life Insurance Company, brought this action for a declaration of its liability under an insurance contract issued on the life of Lawrence A. Johnson. The defendants are Cora L. Johnson, mother of the insured as the first named beneficiary, and his wife, Helen M. Johnson, as contingent beneficiary.

According to the complaint filed August 29, 1945, the policy of insurance in the face amount of $5,000 contains a...

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