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KAFFANGES v. NEW YORK LIFE INS. CO.

No. 2686.

59 F.2d 475 (1932)

KAFFANGES v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, First Circuit.

June 27, 1932.

Attorney(s) appearing for the Case

F. S. Deitrick and G. L. Dillaway, both of Boston, Mass., for appellant.

F. H. Nash, Stuart C. Rand, and Richard Wait, all of Boston, Mass., for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

WILSON, Circuit Judge.

This is an appeal from a decree of the District Court of Massachusetts in an equity proceeding seeking to declare null and void that part of a life insurance policy which also provided for disability benefits. The policy was issued in August, 1926, and contained an incontestable clause as to death benefits, but not as to the disability provisions.

In his application for the policy on August 26, 1926, the appellant stated that he had...

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