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MASSACHUSETTS CASUALTY INSURANCE CO. v. FORMAN

No. 72-2451 Summary Calendar.

469 F.2d 259 (1972)

MASSACHUSETTS CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. Kenneth B. FORMAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 1972.

Attorney(s) appearing for the Case

S. E. Cushman, L. J. Cushman, Miami, Fla., for plaintiff-appellant.

Burton Young, North Miami Beach, Fla., for defendant-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

The Massachusetts Casualty Insurance Company (Insurer) sued to rescind and cancel an accident and health insurance policy alleging it was obtained by false representations. Kenneth B. Forman, asserting total disability, counterclaimed for specific performance of the contract to provide a monthly indemnity of 1,100 dollars.

Subsequent to the initial pretrial conference, Insurer moved for a default judgment on the ground that Forman had refused to...

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