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INTERNATIONAL U. OF OP. ENG., L. 953 v. CENTRAL N. L. INS. CO.

No. 73-1813.

501 F.2d 902 (1974)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 953, et al., Plaintiffs, Intervenors-Appellees, v. CENTRAL NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 30, 1974.

Rehearing Denied August 27, 1974.

Attorney(s) appearing for the Case

John M. Eaves, Albuquerque, N. M. (Malcolm L. Shannon, Jr., and Kool, Kool, Bloomfield, Eaves & Mayfield, on the brief), and Don S. Willner, Willner, Bennett, Meyers, Riggs & Skarstad, Portland, Or., for plaintiffs, intervenors-appellees.

C. Vance Mauney, Albuquerque, N. M. (Nielson, Conder, Hansen & Henriod, Salt Lake City, Utah; and Botts, Botts & Mauney, Albuquerque N. M., on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a breach of contract case wherein a policyholder made claim against an insurance company for damages arising out of the insurer's unlawful cancellation of an insurance policy. In a trial to the court, sitting without a jury, the policyholder prevailed and the insurance company now appeals. The principal issue raised on appeal is whether under the circumstances of this case a mistake by the insurance company's agent in computing the...

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