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MASSACHUSETTS PROTECTIVE ASS'N v. KITTLES

No. 4277.

2 F.2d 211 (1924)

MASSACHUSETTS PROTECTIVE ASS'N, Inc., v. KITTLES.

Circuit Court of Appeals, Fifth Circuit.

October 31, 1924.

Attorney(s) appearing for the Case

A. A. Lawrence and E. H. Abrahams, both of Savannah, Ga. (F. H. Nash, of Boston, Mass., and A. A. Lawrence and E. H. Abrahams, both of Savannah, Ga., on the brief), for appellant.

A. B. Lovett, of Savannah, Ga. (H. S. White, of Sylvania, Ga., and A. B. Lovett and Hitch, Denmark & Lovett, all of Savannah, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and KING, Circuit Judges.

WALKER, Circuit Judge.

Averments of the bill in equity filed in the court below in September, 1923, by the appellant, a Massachusetts corporation, against the appellee, a citizen of Georgia, showed the following:

On May 16, 1921, appellant issued its health and accident policy to the appellee, pursuant to an application made by the latter, the application providing that the policy issued thereon should be based upon questions and answers therein. The appellee...

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