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HORWITZ v. NEW YORK LIFE INS. CO.

No. 7698.

80 F.2d 295 (1935)

HORWITZ et ux. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 16, 1935.

Attorney(s) appearing for the Case

Marvin K. Holland and J. Kenneth Kaseberg, both of Portland, Or., for appellants.

Huntington, Wilson & Davis, of Portland, Or., for appellee.

Before WILBUR, DENMAN, and HANEY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a decree which for fraudulent statements in the application canceled and required the surrender of (a) an agreement insuring against permanent total disability amending appellee's life insurance policy No. 11-112-224, hereinafter called the amended policy, and (b) an insurance on appellant's life and also (c) against such disability, contained in a policy No. 11-330-499, hereinafter called the combined policy. The decree...

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