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WHARTON v. ÆTNA LIFE INS. CO.

No. 8846.

48 F.2d 37 (1931)

WHARTON v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 15, 1931.

Attorney(s) appearing for the Case

W. E. Patterson, of El Dorado, Ark., and T. J. Gaughan, of Camden, Ark. (Patterson & Rector and Walter L. Goodwin, all of El Dorado, Ark., and Gaughan, Sifford, Godwin & Gaughan, of Camden, Ark., on the brief), for appellant.

S. Lasker Ehrman, of Little Rock, Ark. (Grover T. Owens, of Little Rock, Ark., on the brief), for appellee.

Before KENYON and GARDNER, Circuit Judges, and MUNGER, District Judge.

GARDNER, Circuit Judge.

In this action appellant as plaintiff below sought to recover on three life insurance policies issued by the Ætna Life Insurance Company, appellee, upon the life of John Hawkins Wharton. The answer pleaded that false statements and representations had been made by the insured in his application for insurance, and that the policies had not become effective because they were not delivered during the good health of the insured. The policies...

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