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SHENANDOAH LIFE INSURANCE CO. v. HAWES

Civ. No. 524.

256 F.Supp. 366 (1966)

SHENANDOAH LIFE INSURANCE CO., Plaintiff, v. Louise Watters HAWES, Defendant.

United States District Court E. D. North Carolina, Washington Division.

July 14, 1966.

Attorney(s) appearing for the Case

Richard L. Wharton, of Wharton, Ivey & Wharton, Greensboro, N. C., for plaintiff.

Welch Jordan, of Jordan, Wright, Henson & Nichols, Greensboro, N. C., John A. Wilkinson, Washington, N. C., for defendant.

OPINION AND ORDER

LARKINS, District Judge:

STATEMENT OF THE CASE

This cause is before the Court as a civil action in which the plaintiff seeks equitable relief in that it prays the Court avoid and cancel a life insurance contract. A motion to strike a defense has been previously considered by the Court and it was denied. See Shenandoah Life Ins. Co. v. Hawes, 37 F.R.D. 526, 9 FR Serv2d 12f.26, Case 2 (1965).

The basis of the plaintiff's...

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