MANDLES v. GUARDIAN LIFE INS. CO. OF AMERICA

Nos. 2128, 2129.

115 F.2d 994 (1940)

MANDLES et al. v. GUARDIAN LIFE INS. CO. OF AMERICA (two cases).

Circuit Court of Appeals, Tenth Circuit.

November 19, 1940.


Attorney(s) appearing for the Case

Ira C. Rothgerber, Jr., of Denver, Colo. (Walter M. Appel and Ira C. Rothgerber, both of Denver, Colo., on the brief), for appellants.

Lowell White, of Denver, Colo., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The two cases involve the same subject matter and have been consolidated for trial and review.

The trial court sustained a motion to dismiss the complaint. The allegations of the complaint, well pleaded, are admitted thereby and constitute the facts on review. The complaint alleges that the appellant is the beneficiary under a policy of life insurance written on the life of Bessie M. Rude, by the appellee in the sum of $10,000.

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