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EQUITABLE LIFE ASSUR. SOC. OF U. S. v. SCHWARTZ

No. 5751.

42 F.2d 646 (1930)

EQUITABLE LIFE ASSUR. SOC. OF U. S. v. SCHWARTZ et al.

Circuit Court of Appeals, Fifth Circuit.

July 23, 1930.

Attorney(s) appearing for the Case

Crate D. Bowen and Joseph F. McPherson, both of Miami, Fla. (Shutts & Bowen, of Miami, Fla., on the brief), for appellant.

Robert R. Milam, of Jacksonville, Fla., E. T. McIlvaine, of Miami, Fla., and A. Y. Milam, of Jacksonville, Fla., for appellees.

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

FOSTER, Circuit Judge.

Appellant filed a bill in equity to cancel a policy of life insurance issued by it to Julius Moskovitz for $25,000, with his minor sons, Nathan and Joseph, as beneficiaries.

The policy contained a clause making it incontestible after one year from its date of issue. The application, part I, contained the following clause: "I hereby agree that the policy issued hereon shall not take effect until the first premium has been paid during...

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