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MOONEYHAM v. WABASH LIFE INSURANCE COMPANY

No. 27079 Summary Calendar.

412 F.2d 833 (1969)

Walter S. MOONEYHAM, Plaintiff-Appellant, v. WABASH LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

June 3, 1969.

Attorney(s) appearing for the Case

Joseph M. Glickstein, Jr., Jacksonville, Fla., for appellant.

Glickstein, Crenshaw, Glickstein, Hulsey & Fay, Jacksonville, Fla., of counsel.

Noah H. Jenerette, Jr., Jacksonville, Fla., Boyd, Jenerette & Leemis, Jacksonville, Fla., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

Appellant was the insured on a disability policy issued by appellee. He sued, claiming total disability. Wabash denied liability on the ground appellant misrepresented his physical condition in making his application for the policy. Summary judgment was granted for appellee.1

The application was made on September 27, 1966. The two questions thereon critical to this case were...

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