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MILLER v. MUTUAL BENEFIT HEALTH & ACC. ASS'N OF OMAHA

No. 7741.

415 P.2d 841 (1966)

76 N.M. 455

Walter L. MILLER, Plaintiff-Appellant, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION OF OMAHA, a/k/a Mutual of Omaha Insurance Company, Defendant-Appellee.

Supreme Court of New Mexico.

June 27, 1966.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Duane C. Gilkey, Albuquerque, for appellant.

Jones & Stiff, Theo E. Jones, Albuquerque, for appellee.

OPINION

CARMODY, Chief Justice.

Plaintiff instituted a declaratory judgment action, seeking to have a health and accident policy continued in effect. This appeal is from the judgment of dismissal in favor of the defendant.

Due to the death of the plaintiff while the appeal was pending, there has been a substitution of the parties, but, for ease of understanding, we will refer to the parties as they appeared in the trial court.

Defendant,...

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