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LIFE INSURANCE COMPANY OF VIRGINIA v. SHIFFLET

No. 22549.

370 F.2d 555 (1967)

The LIFE INSURANCE COMPANY OF VIRGINIA, Appellant, v. Leroy J. SHIFFLET, as Executor de bonis non of the Estate of Florence I. Shifflet, Deceased, Appellee.

United States Court of Appeals Fifth Circuit.

January 4, 1967.

Attorney(s) appearing for the Case

B. E. Hendricks, Miami, Fla., for appellant.

Wm. L. Gray, III, James E. Tribble, Miami, Fla., for appellee.

Before PHILLIPS, RIVES and COLEMAN, Circuit Judges.

PER CURIAM:

The decision of this case turns upon the proper construction of Section 627.01081 of the Florida Statutes, F.S.A. as a part of the Florida Insurance Code enacted October 15, 1959, now appearing as Chapter 59-205 of the Florida General Laws of 1959. This Court held (359 F.2d 501) that, in his application for the policy of insurance on which this suit is based, Earl C. Shifflet "made clearly incorrect statements of fact...

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