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PILOT LIFE INSURANCE COMPANY v. PULLIAM MOTOR COMPANY

No. 7108.

229 F.2d 912 (1956)

PILOT LIFE INSURANCE COMPANY, Appellant, v. PULLIAM MOTOR COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 15, 1956.

Attorney(s) appearing for the Case

John W. Thomas, Columbia, S. C., and C. R. Wharton, Greensboro, N. C. (Alva M. Lumpkin, Thomas & Lumpkin, Columbia, S. C., and Wharton & Wharton, Greensboro, N. C., on brief), for appellant.

Isadore S. Bernstein, Columbia, S. C. (T. P. Taylor and C. T. Graydon, Columbia, S. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Pilot Life Insurance Company (hereinafter called Pilot) instituted a civil action in the United States District Court for the Eastern District of South Carolina, seeking to rescind and cancel a policy of life insurance on the ground that the insured gave false answers to some of the questions on his application for insurance. The District Court, sitting without a jury, found that these answers were not fraudulently made, dismissed Pilot's complaint...

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