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EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. DUNN

No. 4806.

61 F.2d 450 (1932)

EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. DUNN.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 31, 1932.

Attorney(s) appearing for the Case

Benjamin J. Jarrett, Karl W. Warmcastle, and McCook & Jarrett, all of Pittsburgh, Pa., for appellant.

James J. Burns, Jr., of Pittsburgh, Pa., for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and FAKE, District Judge.

DAVIS, Circuit Judge.

This is an appeal from a judgment of the District Court for $5,000, with interest, against the Equitable Life Assurance Society on a policy of insurance issued on the life of Clyde A. Dunn. The company refused to pay the policy on the ground that the insured had knowingly and willfully made material, false, and untrue answers in his application for insurance and for the reinstatement of the policy.

On October 3, 1927, the insured, in...

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