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MACHINERY CENTER, INC. v. ANCHOR NATIONAL LIFE INS. CO.

No. 130-70.

434 F.2d 1 (1970)

MACHINERY CENTER, INC. and the Continental Bank and Trust Company, Plaintiffs-Appellants, v. ANCHOR NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 24, 1970.

Attorney(s) appearing for the Case

Warren Patten, Salt Lake City, Utah (Albert J. Colton, and Fabian & Clendenin, Salt Lake City, Utah, on the brief), for plaintiffs-appellants.

Richard W. Giauque, Salt Lake City, Utah (James R. Amschler, and Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the brief) for defendant-appellee.

Before BREITENSTEIN, Senior Circuit Judge, SETH, Circuit Judge, and TEMPLAR, District Judge.

TEMPLAR, District Judge.

This case involves an interpretation of a conditional premium receipt issued by the defendant-appellee, Anchor National Life Insurance Company, at the time an application for an insurance policy was submitted to it on the life of Roger V. Pierce. The trial court sustained defendant's motion for summary judgment and the plaintiffs, Machinery Center, Inc. and The Continental Bank and Trust Company, appealed.

Roger V. Pierce had been...

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