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DAVIS v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N

No. 8723.

96 F.2d 165 (1938)

DAVIS v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N.

Circuit Court of Appeals, Fifth Circuit.

April 25, 1938.

Attorney(s) appearing for the Case

E. C. Johnson, of Tampa, Fla., for appellant.

R. W. Shackleford, of Tampa, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

This appeal is from the dismissal on demurrer of one count of appellant's suit concerning a health and accident insurance and a judgment against her on the other count after overruling her demurrer to pleas thereto and her refusing to reply to them.

The count which was stricken on demurrer alleges that E. F. Davis, plaintiff-appellant's deceased husband, applied in writing for a policy and exhibited the application containing this: ...

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