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ALLSTATE INSURANCE COMPANY v. BAILEYS

Civ. No. 34475.

192 F.Supp. 597 (1960)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Fitzhugh L. BAILEYS et al., Defendants.

United States District Court N. D. Ohio, E. D.

February 2, 1960.

Attorney(s) appearing for the Case

Michael R. Gallagher, Hauxhurst, Inglis, Sharp & Cull, Cleveland, Ohio, Wise, Roetzel, Maxon, Kelly & Andress, Akron, Ohio, for plaintiff.

Hargreaves & Fanelly, McGowan, Scanlon & Lombardi, Akron, Ohio, Kitchen & Messner, Cleveland, Ohio, for defendants.

JONES, District Judge.

This case was tried and submitted on briefs. It is an action brought by Allstate Insurance Company (hereinafter Allstate) for a declaratory judgment relieving it from any liability under its Policy Number 26,422,797 or any other policy issued to defendant Fitzhugh L. Baileys for an accident involving the said Baileys on July 28, 1957, and holding that the policy was void ab initio because of material misrepresentations in insurance application...

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