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BAVISOTTO v. UNITED STATES

No. 1369-A.

18 F.Supp. 355 (1937)

BAVISOTTO v. UNITED STATES.

District Court, W. D. New York.

February 10, 1937.

Attorney(s) appearing for the Case

Edwin J. Carpenter, of Corning, N. Y., for plaintiff.

George L. Grobe, U. S. Atty., of Buffalo, N. Y., and Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., for the United States.

KNIGHT, District Judge.

Motion is made herein to strike from the answer allegations of fraud and misrepresentation, upon the ground that the premiums upon the life insurance policy in question have not been returned nor tendered back to the plaintiff. The complaint alleges that on July 1, 1927, a lapsed war risk insurance policy issued to plaintiff in the amount of $10,000 was reinstated and converted to a five-year converted policy. A renewal of such policy was subsequently...

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