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CONNECTICUT GENERAL LIFE INS. CO. v. McCLELLAN

No. 7368.

94 F.2d 445 (1938)

CONNECTICUT GENERAL LIFE INS. CO. OF HARTFORD, CONN., v. McCLELLAN.

Circuit Court of Appeals, Sixth Circuit.

February 8, 1938.

Attorney(s) appearing for the Case

Robert Guinther, of Akron, Ohio (Slabaugh, Seiberling, Huber & Guinther, of Akron, Ohio, on the brief), for appellant.

E. W. Brouse, of Akron, Ohio (Brouse, Englebeck, McDowell, May & Bierce, of Akron, Ohio, on the brief), for appellee.

Before MOORMAN and SIMONS, Circuit Judges, and RAYMOND, District Judge.

MOORMAN, Circuit Judge.

Suit was brought by the appellant to cancel the total and permanent disability provisions in an insurance policy issued to the appellee. The ground of the action was that the appellee in his application for the insurance had made materially false and fraudulent answers to questions asked him by appellant's medical examiner upon which the appellant relied in issuing the policy.

The policy was...

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