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ALLSTATE INS. CO. v. UNITED STATES DIST. CT. FOR E. D., ETC.

No. 13809.

264 F.2d 38 (1959)

ALLSTATE INSURANCE COMPANY, an Illinois corporation, Petitioner, v. UNITED STATES DISTRICT COURT FOR EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION, and Honorable Thomas P. Thornton, United States District Judge, Respondents.

United States Court of Appeals Sixth Circuit.

March 4, 1959.

Attorney(s) appearing for the Case

Garan, Lucow & Miller, Detroit, Mich., for petitioner,

Before MARTIN, Chief Judge, and ALLEN and MILLER, Circuit Judges.

PER CURIAM.

The petitioner, Allstate Insurance Company, filed a declaratory judgment suit in the United States District Court for the Eastern District of Michigan against Clevy Buster Smith, Harvey Davenport and Elvin Rhoden, seeking to have a policy of automobile liability insurance, issued by it on May 24, 1957, to the defendant Smith, declared void ab initio by virtue of certain false statements made by Smith in his application for insurance. Subsequent...

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