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ALBERTUS v. ICOA LIFE INS. CO.

247 Or. 618 (1967)

431 P.2d 264

ALBERTUS, Respondent, v. ICOA LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Oregon.

Affirmed as modified September 7, 1967.

Petition for rehearing denied October 3, 1967.

Attorney(s) appearing for the Case

Charles H.S. Howe, Salem, argued the cause for appellant. On the briefs were Long, Neuner, Dole & Caley, Roseburg, and McKinney & Churchill, Salem.

James G. Richmond, Roseburg, argued the cause for respondent. With him on the brief were Geddes, Felker, Walton & Richmond, Roseburg.

Before PERRY, Chief Justice, and SLOAN, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED AS MODIFIED.

SLOAN, J.

Plaintiff brought this as a suit to rescind certain life insurance policies he had bought from defendant and for the return of premiums paid. The court entered a decree allowing the rescission and a judgment for the return of the premiums. Defendant appeals.

Although this was treated as a suit in equity, Bollenback v. Continental Casualty Co., 1966, 243 Or. 498,

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