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WISSNER v. METROPOLITAN LIFE INSURANCE COMPANY

No. 25190.

395 F.2d 204 (1968)

Harold WISSNER, as father and next friend of Jack David Wissner et al., minors, and Harold Wissner, Individually, Appellants, v. The METROPOLITAN LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 23, 1968.

Attorney(s) appearing for the Case

Thomas A. Horkan, Jr., Dunn & Johnson, Miami, Fla., for appellants.

George W. Wright, Jr., Dwight Sullivan, Scott, McCarthy, Steel, Hector & Davis, Miami, Fla., for appellee.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.

PER CURIAM:

Appellants, plaintiffs below, sued on a life insurance policy issued by appellee on the life of Ida Wissner. Appellee admitted issuance of the policy and its refusal to pay any benefits except a tender of return of premium which was refused. The appellee alleged that Mrs. Wissner gave false, untrue and/or incomplete answers in the application for insurance, and if appellee had known the true facts it never would have issued the policy. The appellee moved...

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