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NEW YORK LIFE INS. CO. v. SWIFT

No. 5549.

38 F.2d 175 (1930)

NEW YORK LIFE INS. CO. v. SWIFT et ux.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1930.

Attorney(s) appearing for the Case

A. H. Longino, of Jackson, Miss., for appellant.

Edward C. Brewer, of Clarksdale, Miss. (Brewer & Brewer, of Clarksdale, Miss., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

FOSTER, Circuit Judge.

Appellant filed a bill to cancel two policies of life insurance, issued to Dick F. Swift, appellee, with his wife, the other appellee, as beneficiary, each in the sum of $10,000. The policies contained the usual clauses making them incontestable after two years and voidable for any material false representations or warranties in the applications. The bill alleged diversity of citizenship, and that more than $3,000 was involved, and further alleged...

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