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RESERVE LIFE INSURANCE COMPANY v. NORTH

No. 7586.

255 F.2d 240 (1958)

RESERVE LIFE INSURANCE COMPANY, Appellant, v. Dr. E. H. NORTH, Jr., Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 21, 1958.

Attorney(s) appearing for the Case

James W. Mason, Laurinburg, N. C. (Andrew G. Williamson, Laurinburg, N. C., J. A. Pritchett, Windsor, N. C., Harry F. Thornberry, Dallas, Tex., and R. P. Upchurch, Raleigh, N. C., on the brief), for appellant.

John H. Hall, Elizabeth City, N. C., for appellee.

Before SOPER and HAYNSWORTH, Circuit Judges, and THOMSEN, District Judge.

THOMSEN, District Judge.

Plaintiff insurance company appeals from a judgment for defendant doctor in an action for damages based upon defendant's alleged fraud in filling out a physician's hospitalization statement for a patient insured by plaintiff. The district judge heard the case without a jury and filed an opinion, 155 F.Supp. 249.

The insured, John M. Cudworth, was admitted...

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