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EQUITABLE LIFE ASSUR. SOC. v. ALVAREZ

No. 10663.

141 F.2d 551 (1944)

EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. ALVAREZ et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 2, 1944.

Attorney(s) appearing for the Case

Maurice E. Purnell, of Dallas, Tex., for appellant.

Larry W. Morris, of Houston, Tex., for appellees.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought after the death of the insured, against his beneficiaries to cancel four life policies, the claim of the suit was that the policies had not taken effect because (1) the deceased was not in good health when the policies were delivered, and (2) he had falsely answered certain questions.1 The beneficiaries denied these charges and by cross-action sued to recover on the policies. Tried to a court without a...

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