MADDEN v. METROPOLITAN LIFE INS. CO.

No. 10707.

138 F.2d 708 (1943)

MADDEN v. METROPOLITAN LIFE INS. CO. MADDEN FURNITURE, Inc., v. SAME.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1943.


Attorney(s) appearing for the Case

Morris E. White and Calvin Johnson, of Tampa, Fla., for appellants, Marguerite Madden and Madden Furniture, Inc.

Peter O. Knight, C. Fred Thompson, and Jno. Bell, all of Tampa, Fla., for appellee, Metropolitan Life Ins. Co.

Before HUTCHESON and HOLMES, Circuit Judges, and RUSSELL, District Judge.


HUTCHESON, Circuit Judge.

When this cause was here before on the appeal of Metropolitan Life Insurance Co.,1 we reversed the judgment and remanded the cause for further and not inconsistent proceedings because the insured had falsely answered question 13, "What clinics, hospitals, physicians, healers or other practitioners * * * have you consulted or been treated by within the past five years?" We held that: "The purpose of [the question...

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