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MacKENZIE v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 18801.

411 F.2d 781 (1969)

Marcella A. MacKENZIE, Plaintiff-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 3, 1969.

Attorney(s) appearing for the Case

Herman E. Frick, Louisville, Ky. (Felix J. Sanders, Jr., Louisville, Ky., on the brief), for appellant.

Thomas W. Bullitt, Louisville, Ky. (Lonnie O. Grigsby, Louisville, Ky., on the brief), for appellee.

Before PHILLIPS, McCREE, and COMBS, Circuit Judges.

COMBS, Circuit Judge.

Plaintiff-appellant was beneficiary under an insurance policy written by defendant-appellee on the life of her decedent, Jerome F. MacKenzie. After Mr. MacKenzie's death in August, 1966,1 Prudential refused to pay over the proceeds of the policy, contending that MacKenzie had in legal effect made material misrepresentations concerning his health when he accepted delivery of the policy. This action was brought in state...

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