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FIRST TRUST CO. OF ST. PAUL v. KANSAS CITY LIFE INS. CO.

No. 10276.

79 F.2d 48 (1935)

FIRST TRUST CO. OF ST. PAUL et al. v. KANSAS CITY LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

August 22, 1935.

Attorney(s) appearing for the Case

Samuel Lipschultz, of St. Paul, Minn. (Harry Weiss, of St. Paul, Minn., on the brief), for appellants.

George D. McClintock, of Minneapolis, Minn. (George Hoke, Chester A. Marr, and Cobb, Hoke, Benson, Krause & Faegre, all of Minneapolis, Minn., on the brief), for appellee.

Before STONE and FARIS, Circuit Judges, and RAGON, District Judge.

STONE, Circuit Judge.

Appellants, as executors of Clarence E. Bergman, brought an action against appellee to recover on a policy insuring the life of Bergman. At the close of all the testimony the trial court directed a verdict for defendant. This is an appeal from the judgment entered on that verdict.

The defense to the action was that the policy was issued upon an application for insurance which contained certain pleaded willfully false statements as to...

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