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WARREN v. NEW YORK LIFE INS. CO.

No. 368.

37 F.Supp. 358 (1941)

WARREN v. NEW YORK LIFE INS. CO.

District Court, W. D. Louisiana, Shreveport Division.

March 7, 1941.

Attorney(s) appearing for the Case

M. K. Smith (of Foster, Hall & Smith), of Shreveport, La., for plaintiff.

James G. Cowles, of Shreveport, La., and Richard B. Montgomery (of Montgomery & Montgomery), of New Orleans, La., for defendant.

PORTERIE, District Judge.

On June 11, 1940, George Barnes, Jr., signed an application to the New York Life Insurance Company for a policy of life insurance in the sum of $2,500 naming his mother, Madie Huckabaa Warren, the plaintiff herein, as beneficiary. In this application, designated as Part One, he specifically stated: "I have not participated as a passenger or otherwise in aviation or aeronautics."

Part I of the application provided: "It is mutually...

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