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PITTMAN v. WEST AMERICAN INSURANCE COMPANY

No. 16819.

299 F.2d 405 (1962)

Bernadean PITTMAN, Administratrix, Joseph John Leavey, Sr., and Juanita Leavey, Appellants, v. WEST AMERICAN INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

February 7, 1962.

Attorney(s) appearing for the Case

Robert L. Boyce, Jr., Kansas City, Kan., for appellants and Robert E. Stewart, Kansas City, Mo., Howard Washburn, Kansas City, Kan., and James Farley, Farley, Mo., on the brief.

Paul C. Sprinkle, Kansas City, Mo., for appellee and Sprinkle, Carter, Sprinkle & Larson, Kansas City, Mo., on the brief.

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, District Judge.

SANBORN, Circuit Judge.

This is an appeal from a final judgment in a declaratory judgment action brought June 13, 1960, by the West American Insurance Company under 28 U.S.C. § 2201 to secure the nullification of a policy of automobile liability insurance issued by it to Richard K. Pittman on April 1, 1960. The action is based upon the claim that in his signed application for the policy Pittman made material misrepresentations upon which the insurer relied in...

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