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TUPPER v. UNITED STATES

No. 17542.

270 F.2d 681 (1959)

Marion Ferrill TUPPER and Clara Tarbell Tupper, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 17, 1959.

Attorney(s) appearing for the Case

Ralph A. Franco, Montgomery, Ala., Louis Regenstein, Jr., Harry J. Mehre, Jr., Atlanta, Ga., Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., Hill, Hill, Stovall & Carter, Montgomery, Ala., of counsel, for appellants.

Paul Millirons, Asst. U. S. Atty., Ralph M. Daughtry, Asst. U. S. Atty., Hartwell Davis, U. S. Atty., Montgomery, Ala., for appellee.

Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The question for decision is whether the insured misrepresented material facts in securing the reinstatement of his lapsed National Service Life Insurance policy. The case was submitted to the district court, without a jury, solely on a written stipulation and a number of exhibits, including the insured's deathbed deposition. The district court held that the insured fraudulently procured the reinstatement of the policy1

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