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COMMERCIAL INSURANCE CO. OF NEWARK, NEW JERSEY v. SMITH

No. 60-69.

417 F.2d 1330 (1969)

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, a corporation, Plaintiff-Appellant, v. Robert T. SMITH, Defendant-Appellee.

United States Court of Appeals Tenth Circuit.

November 14, 1969.

Attorney(s) appearing for the Case

Raymond J. Turner, Denver, Colo., for appellant.

Benjamin E. Sweet, Denver, Colo. (Howard J. Swenson, Denver, Colo., on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

This is a civil diversity action from the District Court for the District of Colorado in which the appellant Commercial Insurance Company originally brought suit to cancel and annul a disability insurance contract on the grounds that certain misstatements were made in both the original application for insurance and a subsequent application increasing the benefits. Appellee, a dentist, hereafter referred to as "Dr. Smith", originally filed only...

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