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GILL v. MUTUAL LIFE INS. CO.

No. 9467.

63 F.2d 967 (1933)

GILL et al. v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

February 23, 1933.

Attorney(s) appearing for the Case

Arthur F. Mullen, of Omaha, Neb. (Clarence A. Davis, of Holdredge, Neb., and Paul P. Massey, of Omaha, Neb., on the brief), for appellants.

David A. Fitch, of Omaha, Neb. (Frederick L. Allen, of New York City, Norris Brown and Ralph M. West, both of Omaha, Neb., on the brief), for appellee.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

June 21, 1930, appellant Robert L. Gill made application to appellee for two life insurance policies in the principal sums of $10,000 and $15,000 respectively. The written application contained, among other things, the following provisions:

"All the following statements and answers, and all those that the insured makes to the company's medical examiner, in continuation of this application, are true, and are offered to the company...

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