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BEERY v. HOMESTEADERS LIFE COMPANY

No. 19383.

361 P.2d 127 (1961)

Sam N. BEERY, as Commissioner of Insurance of the State of Colorado, Tim Armstrong, as Treasurer of the State of Colorado, Robert A. Theobald, as Director of Revenue of the State of Colorado, and E. G. Spurlin, as Controller of the State of Colorado, Plaintiffs in Error, v. HOMESTEADERS LIFE COMPANY, a Corporation, Defendant in Error.

Supreme Court of Colorado. In Department.

April 17, 1961.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John E. Bush, Asst. Atty. Gen., for plaintiffs in error.

Dawson, Nagel, Sherman & Howard, Arthur K. Underwood, Jr., Hugh A. Burns, Denver, for defendant in error.

MOORE, Justice.

Plaintiff in error will be referred to as the commissioner and defendant in error as Homesteaders.

The commissioner collected taxes on certain insurance premiums received by Homesteaders on certificates issued while it was a fraternal benefit society doing business in the State of Colorado. The premiums in question, upon which the commissioner levied and collected a tax, were all paid to and received by Homesteaders on certificates issued prior...

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