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DUDGEON v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N

No. 3552.

70 F.2d 49 (1934)

DUDGEON v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N.

Circuit Court of Appeals, Fourth Circuit.

April 3, 1934.

Attorney(s) appearing for the Case

Zeb H. Herndon, of Welch, W. Va., and Ira J. Partlow, of Charleston, W. Va., for appellant.

Alfred G. Fox, of Bluefield, W. Va. (Joseph M. Sanders, of Bluefield, W. Va., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

PARKER, Circuit Judge.

This is an appeal in an action on a policy of health and accident insurance. There was evidence tending to show that the insured died as the result of an accidental injury, and claim was made for $5,000, the amount payable under the policy in case of accidental death. Verdict was directed for the company on the ground that the policy was obtained by means of false representations material to the risk. Plaintiff denies the materialist of the...

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