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NEW YORK LIFE INS. CO. v. GIST

No. 6879.

63 F.2d 732 (1933)

NEW YORK LIFE INS. CO. v. GIST et al.

Circuit Court of Appeals, Ninth Circuit.

March 13, 1933.

Attorney(s) appearing for the Case

Meserve, Mumper, Hughes & Robertson, of Los Angeles, Cal. (E. Avery Crary, of Los Angeles, Cal., of counsel), for appellant.

Clyde C. Shoemaker, of Los Angeles, Cal., for appellees.

Before WILBUR and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

This suit was brought by the appellant to cancel a life insurance policy for $10,000 with double indemnity in case of death by accident, issued by the appellant insurance company upon the life of Cecil W. Gist, in favor of his brothers, Brooks D. Gist and Herrold Gist, beneficiaries. The ground upon which the insurance company seeks to cancel the policy is that between the date of the application for the insurance and the delivery of the policy...

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