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ETTMAN v. FEDERAL LIFE INS. CO.

No. 12559.

137 F.2d 121 (1943)

ETTMAN v. FEDERAL LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 30, 1943.

Attorney(s) appearing for the Case

J. L. London, of St. Louis, Mo., for appellant.

Wayne Ely, of St. Louis, Mo. (Kenneth L. Merley, of Chicago, Ill., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

The substantial question for decision is whether, under Missouri law, a statement in an application for a policy of limited disability insurance, without death benefits, will defeat recovery upon the policy if the statement was untrue and material but made without intent to deceive, and the insured certified to the truth of the statements made in his application, and the policy provided that "The falsity of any statement in the application...

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