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CONTINENTAL CASUALTY COMPANY v. BRIGHTMAN

No. 344-70.

437 F.2d 67 (1971)

CONTINENTAL CASUALTY COMPANY, Appellant, v. W. F. BRIGHTMAN, Appellee.

United States Court of Appeals, Tenth Circuit.

January 29, 1971.

Attorney(s) appearing for the Case

Truman B. Rucker, Tulsa, Okl. (Joseph M. Culp, Ardmore, Okl., B. W. Tabor, and M. Darwin Kirk, Tulsa, Okl. of Counsel, were with him on the brief) for appellant.

Charles A. Milor of Milor & Legate, Ardmore, Okl., for appellee.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and DOYLE District Judge.

PER CURIAM.

This action was initiated by the appellant insurance company in the United States District Court for the Eastern District of Oklahoma as one seeking declaratory relief determining that a policy of trip insurance on the life of one Jesse Allen and naming the appellee Brightman as beneficiary was void. The issuance of the subject policy and the accidental death of Allen during the policy period were admitted and by pretrial order the factual issue was limited...

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