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CANTRELL v. BENEFIT ASS'N OF RAILWAY EMPLOYEES

No. 9839.

348 P.2d 345 (1959)

William CANTRELL, Robert J. Donlin, Robert L. Daniel, Freeman Hansen, Lester J. Gilfillan, Robert J. Gow, Leo G. Harris, Rollie F. Henderson, Carl Holson, Antone L. Iverson, Fred C. Josucks, William James, Glenn James, Frank Kurth, Walter R. Kidder, John LeBert, Albert J. McDaniels, William H. Manley, Robert J. Morris, William F. Morris, Leonard Olson, J. A. Poirier, Clifford L. Rathburn, Jack Root, John Rucks, Arne Ranta, Albert Thibodeau, Alf Thorsheim, W. D. Waugh, Certain Employees of Anaconda Copper Mining Company, who are members of AFL Local 3038 Lumber & Sawmill Workers of Bonner, Montana, Plaintiffs and Respondents, v. BENEFIT ASSOCIATION OF RAILWAY EMPLOYEES, a corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided December 3, 1959.

As Amended on Denial of Rehearing January 28, 1960.

Attorney(s) appearing for the Case

Edmond G. Toomey and Michael J. Hughes, Helena, for appellant. Michael J. Hughes argued orally.

John W. Bonner, Helena, for respondents.

ANGSTMAN, Justice.

This is an appeal by defendant from a judgment in favor of each plaintiff for individual claims alleged to be due each of them under a contract of group insurance. The contract covered hospital and medical expense incurred by those insured.

The contract was originally drafted on May 12, 1952, and was made effective from May 1, 1952, until May 1, 1953.

It contained this clause: "In event the number of insureds hereunder becomes less...

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