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SMITH v. ALLSTATE INSURANCE COMPANY

No. 14228.

288 F.2d 471 (1960)

Faye E. SMITH, John H. Smith, Jr., Edward Smith, James Smith, Timothy Smith and George Smith, Defendants-Appellants, v. ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee.

United States Court of Appeals Sixth Circuit.

December 10, 1960.

Attorney(s) appearing for the Case

Charles F. Scanlon, Akron, Ohio, McGowan, Scanlon & Lombardi, William E. Schultz, Akron, Ohio, on brief, for appellants.

Michael R. Gallagher, Cleveland, Ohio, Hauxhurst, Sharp, Cull & Kellogg, Robert W. Jones, Cleveland, Ohio, on brief, for appellee.

Before SIMONS, Senior Circuit Judge, and MARTIN and O'SULLIVAN, Circuit Judges.

ORDER.

This cause came on to be heard upon the record, briefs and arguments of counsel. This is an appeal from a judgment entered pursuant to an opinion of District Judge Paul Jones. In a declaratory judgment action a policy of automobile liability insurance written by plaintiff, Allstate Insurance Company, insuring one Fitzhugh L. Baileys, was declared null and void because of misrepresentations made by the insured in applying for such insurance. The parties defendant...

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