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

No. 8512.

98 F.2d 570 (1938)

MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. FORTENBERRY et al.

Circuit Court of Appeals, Fifth Circuit.

August 23, 1938.


Attorney(s) appearing for the Case

W. H. Watkins, Jr., of Jackson, Miss., for appellant.

J. Ed. Franklin, of Jackson, Miss., for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


FOSTER, Circuit Judge.

Appellant brought this suit to rescind and cancel a policy of life, accident and health insurance, issued to Adolphus N. Fortenberry, in which his wife was named as beneficiary. Appellees moved to dismiss the suit on the grounds that the amount in controversy does not exceed $3000, exclusive of interest and costs and the bill is without equity. The District Court sustained the motion and dismissed the suit without written opinion. The appeal...

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