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LYTTLE v. PACIFIC MUT. LIFE INS. CO.

No. 6477.

72 F.2d 140 (1934)

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

Circuit Court of Appeals, Sixth Circuit.

June 7, 1934.

Attorney(s) appearing for the Case

H. M. Roberts, of Cleveland, Ohio, for appellant.

A. M. Van Duzer, of Cleveland, Ohio (McKeehan, Merrick, Arter & Stewart, George W. Cottrell, and Blake Womer, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Appellant, widow of Daniel F. Lyttle, brought an action to recover upon a life insurance policy upon her husband's life, under which she is the beneficiary. Lyttle died on July 27, 1931, as the result of postoperative toxemia following an operation for gastro-enterostomy.

The defense was that Lyttle, in his application for the policy, had made false representations material to the risk, which had induced the company to issue the policy...

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