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NEW YORK LIFE INS. CO. v. CONRAD

No. 5273.

47 F.2d 885 (1930)

NEW YORK LIFE INS. CO. v. CONRAD.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied December 11, 1930.

Attorney(s) appearing for the Case

R. E. King, of Memphis, Tenn. (Ewing, King & King, of Memphis, Tenn., and Louis H. Cooke, of New York City, on the brief), for appellant.

Roane Waring and W. H. Borsje, both of Memphis, Tenn. (S. P. Walker and Miles, Waring & Walker, all of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and KILLITS, District Judge.

KILLITS, District Judge.

This action was commenced January 20, 1928, by the New York Life Insurance Company, appellant, against Mrs. Al-Gene P. Conrad, substitute beneficiary, for rescission and cancellation, for fraud and misrepresentation on part of the assured in his application therefor, of a policy of life insurance, containing a provision for indemnity in case of total disability, issued by appellant, February 6, 1926, upon the life of Charles W. Conrad, who...

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