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FRANKLIN LIFE INS. CO. v. CRITZ

No. 9115.

109 F.2d 417 (1940)

FRANKLIN LIFE INS. CO. v. CRITZ.

Circuit Court of Appeals, Fifth Circuit.

January 27, 1940.

Attorney(s) appearing for the Case

Ed C. Brewer and Charles A. Sisson, both of Clarksdale, Miss., for appellant.

J. L. Roberson, of Clarksdale, Miss., for appellee.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a judgment dismissing a bill filed by appellant seeking to cancel a policy of insurance issued by it upon the life of appellee's husband, because of his alleged breach of warranty in making false answers in his application for reinstatement of the policy which had lapsed for non-payment of premium. The sole basis of our jurisdiction is diversity of citizenship.

The policy was issued in Mississippi in 1929, and is...

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