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UNION CENTRAL LIFE INS. CO. v. BURGER

27 F.Supp. 554 (1939)

UNION CENTRAL LIFE INS. CO. v. BURGER et al.

District Court, S. D. New York.

March 14, 1939.

Attorney(s) appearing for the Case

House, Grossman, Vorhaus & Hemley, of New York City (David Vorhaus and Sidney Greenman, both of New York City, of counsel), for plaintiff.

Joseph Burger, of New York City, for defendants.

COXE, District Judge.

These are motions by the defendants (1) to dismiss the complaint for insufficiency, and (2) for an order granting a jury trial.

The suit is in equity to cancel and rescind a life insurance policy for false representations and false warranties, and on the further ground that the insured was not in good health when the policy was delivered.

The complaint alleges that the policy was issued on Sept. 30, 1936, and contains a clause...

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