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WYOMING INS. DEPT. v. SIERRA LIFE INS. CO.

No. 5069.

599 P.2d 1360 (1979)

WYOMING INSURANCE DEPARTMENT, Appellant (Plaintiff), v. SIERRA LIFE INSURANCE COMPANY, Appellee (Defendant).

Supreme Court of Wyoming.

Rehearing Denied October 25, 1979.

Attorney(s) appearing for the Case

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Bob R. Bullock, Senior Asst. Atty. Gen., Cheyenne, for appellant (plaintiff).

Glenn Parker of Hirst & Applegate, Cheyenne, for appellee (defendant).

Before RAPER, C.J., McCLINTOCK, THOMAS and ROSE, JJ., and GUTHRIE, J., Retired.

McCLINTOCK, Justice.

The question presented by this appeal is whether the trial judge properly dismissed a complaint with prejudice pursuant to a Rule 12(b)(6), W.R.C.P., motion. We find that the dismissal of the case amounted to a summary judgment, and that the granting of summary judgment was improper.

The Wyoming Insurance Department filed suit against Sierra Life Insurance Company, an Idaho corporation authorized to do business in Wyoming. Plaintiff alleges...

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