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BANKERS UNION LIFE INSURANCE COMPANY v. MONTGOMERY

No. 15918.

261 F.2d 852 (1958)

BANKERS UNION LIFE INSURANCE COMPANY, a corporation, Appellant, v. John Lyle MONTGOMERY, Appellee.

United States Court of Appeals Ninth Circuit.

November 26, 1958.

Attorney(s) appearing for the Case

Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, James H. Clarke, Portland, Or., for appellant.

Benson & Davis, W. F. Whitley, Alan F. Davis, Portland, Or., for appellee.

Before POPE, CHAMBERS, and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge.

John Lyle Montgomery, beneficiary under a policy of insurance on the life of his deceased wife, brought this action to recover death benefits. Defendant, Bankers Union Life Insurance Company, denied liability on the ground that several representations as to material facts on which it relied in issuing the policy were false. The suit was begun in the circuit court of Oregon for Multnomah County, and was removed to the federal district court because...

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