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ÆTNA LIFE INS. CO. v. WHARTON

No. 9498.

63 F.2d 378 (1933)

ÆTNA LIFE INS. CO. v. WHARTON.

Circuit Court of Appeals, Eighth Circuit.

January 19, 1933.

Attorney(s) appearing for the Case

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

W. H. Rector, of Little Rock, Ark. (Walter L. Goodwin, of El Dorado, Ark., Gaughan, Sifford, Godwin & Gaughan, of Camden, Ark., and Patterson & Rector, of El Dorado, Ark., on the brief), for appellee.

Before KENYON, SANBORN, and GARDNER, Circuit Judges.

GARDNER, Circuit Judge.

This is an action brought by appellee as plaintiff, to recover on certain life insurance policies issued by the appellant upon the life of John Hawkins Wharton. The parties will be referred to as they were designated in the lower court.

The answer pleaded in effect: (1) That the insured had made material misrepresentations in answering question 9-C embodied in his application for insurance; (2) that the insured had made material misrepresentations...

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