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McSWEENEY v. PRUDENTIAL INS. CO. OF AMERICA

No. 4910.

128 F.2d 660 (1942)

McSWEENEY v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Fourth Circuit.

June 4, 1942.

Attorney(s) appearing for the Case

Thomas M. Boulware, of Barnwell, S. C. (George Warren, of Hampton, S. C., on the brief), for appellant.

Robert McC. Figg, Jr., of Charleston, S. C., for appellee.

Before PARKER and DOBIE, Circuit Judges, and PAUL, District Judge.

PARKER, Circuit Judge.

This suit was instituted in the court below to cancel a life insurance policy on the ground of fraudulent representations contained in the application. The insured died while the suit was pending and an amended answer filed by the beneficiary asked recovery on the policy. The answer denied fraud and pleaded waiver of the misrepresentations by reason of knowledge of the facts on the part of the company's medical examiner. The case was referred...

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