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PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. CUNNINGHAM

No. 6588.

65 F.2d 909 (1933)

PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. CUNNINGHAM et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 16, 1933.

Attorney(s) appearing for the Case

Charles Cook Howell and J. L. Doggett, both of Jacksonville, Fla., for appellant.

Robert A. Baker, W. H. Baker, and Martin Sack, all of Jacksonville, Fla., for appellees.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This is an appeal from a decree dismissing a suit in equity brought by the appellant for the cancellation of three life insurance policies issued by it to the appellee in pursuance of a written application made by the latter. The appellee's answers to questions asked by the appellant's medical examiner by the terms of that application formed a part of it, and were stated to be made by the applicant to obtain the insurance applied for, and to...

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