NEW YORK LIFE INS. CO. v. WILKINSON VENEER CO.

Civ. No. 1750.

86 F.Supp. 863 (1949)

NEW YORK LIFE INS. CO. v. WILKINSON VENEER CO., Inc., et al.

United States District Court E. D. Louisiana, New Orleans Division.

October 20, 1949.


Attorney(s) appearing for the Case

Phelps, Dunbar, Marks & Claverie, Ashton Phelps, New Orleans, La., for plaintiff.

Kelleher, Hurley & Kohlmeyer, Charles Kohlmeyer, Jr., New Orleans, La., for Wilkinson Veneer Co.

Bauer & Bauer, Theo W. Bauer, Franklin, La., for George C. Lucas.


BORAH, Chief Judge.

This is an action to cancel a policy of life insurance on the ground that the insured's answers to questions in the application were false, and that they were material to the risk and that had the true facts been revealed, the policy would not have been issued.

The case is before the court at this time on a motion for summary judgment filed by the plaintiff pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., and is submitted...

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