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KAPLAN v. MANHATTAN LIFE INS. CO. OF NEW YORK

No. 7285.

109 F.2d 463 (1939)

KAPLAN et al. v. MANHATTAN LIFE INS. CO. OF NEW YORK.

United States Court of Appeals for the District of Columbia.

Decided December 29, 1939.

Attorney(s) appearing for the Case

Nathan M. Lubar, of Washington, D. C., for plaintiffs in error.

Benjamin S. Minor, Arthur P. Drury, and John M. Lynham, all of Washington, D. C., for defendant in error.

Before EDGERTON, VINSON, and RUTLEDGE, JJ.

EDGERTON, Associate Justice.

This is an action on a life insurance policy. Defendant had judgment in the Municipal Court, and the case is here on writ of error.

The insured applied for the policy on August 11, 1933, and it was issued November 19, 1933. He died, of cancer of the stomach, on September 6, 1934. In his application he said that he had not consulted or been treated by a physician within five years. Actually he had twice consulted physicians for...

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