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DIAZ LAMOUTTE v. LINCOLN NAT. LIFE INS. CO.

No. 4483.

188 F.2d 526 (1951)

DIAZ LAMOUTTE et al. v. LINCOLN NAT. LIFE INS. CO.

United States Court of Appeals First Circuit.

April 26, 1951.

Attorney(s) appearing for the Case

Hector Gonzales Blanes, San Juan, P. R., for appellants.

Gonzalo Sifre, San Juan, P. R. (Jaime Sifre, Jr., and Wilson P. Colberg, San Juan, P. R., with him on the brief), for appellee.

Before MARIS, WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

Plaintiffs-appellants filed suit as beneficiaries of a life insurance policy issued by the defendant-appellee to their father, Ignacio Diaz Luzunaris, who died January 1, 1946.

The appellee filed its answer and counterclaim alleging in substance that: (1) Insured, in his application for the policy, had made false and untrue statements, answers and representations, which were material to the...

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