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MUTUAL LIFE INS. CO. OF NEW YORK v. KREJCI

No. 7554.

123 F.2d 594 (1941)

MUTUAL LIFE INS. CO. OF NEW YORK v. KREJCI et al.

Circuit Court of Appeals, Seventh Circuit.

November 14, 1941.

Attorney(s) appearing for the Case

G. B. Christensen, Gerard E. Grashorn, and George W. Ott, all of Chicago, Ill., for appellant.

Harry J. Myerson and J. S. Pressman, both of Chicago, Ill., for appellees.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff appeals from a judgment dismissing upon defendants' motion its amended complaint for a declaratory judgment.

It was averred in the complaint that defendant Bohumil W. Krejci, the insured under a policy issued by plaintiff providing for waiver of premiums and payment of disability insurance in case of the insured's total and permanent disability, had in 1936 and periodically thereafter represented himself to be totally and...

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