VAN OOSTERHOUT, Circuit Judge.
This is an appeal by defendant from a judgment against it upon a life insurance policy it issued to Thomas C. Curry on April 1, 1956. The action is brought by Mildred S. Curry, surviving spouse and the beneficiary named in the policy. The insured died on April 15, 1957. The issuance of the policy, the insured's death and payment of premiums are conceded. The defense is that the policy was procured by fraud in that the insured had falsely...
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