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STATE OF NEW MEXICO v. EQUITABLE LIFE ASSUR. SOC. OF U. S.

No. 437-70.

447 F.2d 620 (1971)

STATE OF NEW MEXICO ex rel. James D. KERSHNER, Plaintiff-Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 1, 1971.

Attorney(s) appearing for the Case

John J. Duhigg, Albuquerque, N. M. (William J. Torrington, Albuquerque, N. M., on the brief), for plaintiff-appellant.

Michael L. Keleher, Albuquerque, N. M., for defendant-appellee.

Before LEWIS, ADAMS and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The State of New Mexico brought this action on relation of James D. Kershner to recover from the appellee Equitable Life Assurance Society of the United States the amounts alleged to be due on a group health policy covering James D. Kershner and his dependent family. At the completion of the plaintiff's case, the trial court sustained a motion for directed verdict and entered a judgment in favor of the insurance company.

The pleadings...

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