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

No. 258.

89 F.2d 158 (1937)

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

Circuit Court of Appeals, Second Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

Katz & Sommerich, of New York City (Maxwell C. Katz, Raymond T. Heilpern, and Irving S. Freedman, all of New York City, of counsel), for appellant.

Conboy, Hewitt, O'Brien & Boardman, of New York City (Bernard Sobol, of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

October 21, 1931, appellee applied to the appellant for a noncancellable income policy of insurance providing indemnity for loss of time due to sickness or accident. The application was filled out on that day and a medical examination was had October 22, 1931. A supplementary application, required of the appellee because he was a physician using radium or X-ray apparatus, was submitted October 27, 1931. November 2, 1931, appellant's agent, Whitelaw...

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