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GOLDMAN v. NEW YORK LIFE INS. CO.

No. 5164.

70 F.2d 513 (1934)

GOLDMAN v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

March 21, 1934.

Attorney(s) appearing for the Case

Louis Rosenberg, of Pittsburgh, Pa., for appellant.

Louis H. Cooke, of New York City, and William H. Eckert and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree canceling a policy of life insurance upon the refund of premiums on the life of Jacob G. Goldman, deceased, on the ground of false and fraudulent answers made by him to questions 8c, 10, and 11 in part II of his application for insurance. These questions and answers are as follows:

"8. Have you ever consulted a physician or practitioner for or suffered from any ailment or disease of

"C. The Stomach...

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