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NEW YORK LIFE INS. CO. v. BULLOCK

No. 5076.

26 F.2d 666 (1928)

NEW YORK LIFE INS. CO. v. BULLOCK et al.

Circuit Court of Appeals, Fifth Circuit.

June 13, 1928.

Attorney(s) appearing for the Case

J. L. Doggett, of Jacksonville, Fla. (Doggett & Doggett, of Jacksonville, Fla., on the brief), for appellant.

Russell L. Frink, of Jacksonville, Fla. (R. B. Bullock, of Ocala, Fla., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

On June 3, 1926, appellant filed a bill to cancel a policy of insurance on the life of Finley S. Bullock, on the ground that it was obtained by false representations as to material facts which, if truthfully stated, would have caused the application to be rejected. The policy was dated June 3, 1924, and contained the following clauses:

"This policy takes effect as of the third day of June nineteen hundred and twenty-four, which day is...

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