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D & P TERMINAL, INC. v. WESTERN LIFE INSURANCE COMPANY

Civ. No. 933 N. D.

250 F.Supp. 388 (1966)

D & P TERMINAL, INC., a Corporation, Plaintiff, v. WESTERN LIFE INSURANCE COMPANY, a corporation, Defendant.

United States District Court D. South Dakota, N. D.

February 1, 1966.

Attorney(s) appearing for the Case

Austin, Hinderacker & Hackett, Watertown, S. D., for plaintiff.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant.

BECK, Chief Judge.

The D & P Terminal Company, a corporation, as against the Western Life Insurance Company, also a corporation— hereinafter referred to as Terminal and Western—with all jurisdictional requirements met and none in dispute, is in this case seeking judgment to reform an insurance policy, changing specified effective dates to others allegedly correct, annexing thereto new application as a substitute for the one on August 4, 1959,

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