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BARNETT v. LIFE INS. CO. OF THE SOUTHWEST

Nos. 76-1367 and 76-1518.

562 F.2d 15 (1977)

James F. BARNETT, Appellant, v. LIFE INSURANCE COMPANY OF THE SOUTHWEST, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 18, 1977.

Rehearing Denied October 18, 1977.

Attorney(s) appearing for the Case

Ben T. Lampkin, Jr., and Larry A. Tawwater, Lampkin, Wolfe, Burger, McCaffrey & Norman, Oklahoma City, Okl., for appellant.

George W. Dahnke, Hastie, Kirschner & Brown, Oklahoma City, Okl., for appellee.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, Senior District Judge.

SETH, Circuit Judge.

This suit was tried as an action for fraud based on an application for conversion of a policy brought against the defendant, Life Insurance Company of the Southwest, by one of its former selling agents. The plaintiff had been an agent for defendant for some eleven years, and had worked for its parent company before that.

The complaint sought compensatory and punitive damages. The case was tried to a jury, defendant moved for a directed...

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