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ALLSTATE INSURANCE COMPANY v. PACIFIC

No. 107, Docket 23636.

228 F.2d 199 (1955)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. Fannie PACIFIC, a/k/a Filomena Pacifici, a/k/a Filomena Pacifico, Michael Pacifici, Josephine Yorio, Louise Cafolla, and Lois Green Undella, Administratrix of the Estate of Walter Green, deceased, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 7, 1955.

Attorney(s) appearing for the Case

John F. Clancy and James F. Kenney, Bridgeport, Conn., for appellant.

Goldstein and Peck, Bridgeport, Conn., and Thomas Keating, Danbury, Conn. (Bernard Glazer and C. Harold Schwartz, of counsel), for Fannie Pacific, appellee.

Before HAND, FRANK and MEDINA, Circuit Judges.

FRANK, Circuit Judge.

We adopt Judge Smith's opinion, findings and legal conclusions, reported in 136 F.Supp. 379, which state the facts sufficiently, except in part as to the following:

Appellant, the insurance company, presented the insured with a printed form of application for the policy; it contained questions which she answered in writing. Judge Smith found, inter alia...

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