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MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N v. LESLER

No. 766.

10 F.Supp. 124 (1934)

MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N v. LESLER et al.

District Court, W. D. Kentucky.

February 23, 1934.

Attorney(s) appearing for the Case

R. Lee Blackwell and Bruce & Bullitt, all of Louisville, Ky., for plaintiff.

Jos. G. Sachs, Jr., of Louisville, Ky., for defendant.

DAWSON, District Judge.

This cause is submitted on the plaintiff's motion to strike the answer and counterclaim of the defendants, upon the ground that same does not state a defense to the plaintiff's cause of action, nor a cause of action against the plaintiff.

The motion must be sustained. Plaintiff's bill seeks cancellation because of fraudulent misrepresentations in the procurement of the health and accident policy issued by it to the defendant, Ben S...

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