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MANLEY v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA

No. 5513.

35 F.2d 337 (1929)

MANLEY et al. v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA.

Circuit Court of Appeals, Fifth Circuit.

October 29, 1929.

Attorney(s) appearing for the Case

Walter T. Colquitt, of Atlanta, Ga. (Colquitt & Conyers, of Atlanta, Ga., on the brief), for appellants.

Grover Middlebrooks, of Atlanta, Ga. (Bryan & Middlebrooks and W. Colquitt Carter, all of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from a decree canceling a policy of income insurance, on the ground that certain representations made by the insured in his application for insurance were false and material to risks assumed by the policy.

The application was dated April 9, 1920, and contained representations, which were included among those complained of by the insurance company in its bill for cancellation, filed November 30, 1926, to the effect that...

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