TRAWICK v. MANHATTAN LIFE INS. CO. OF NEW YORK, N.Y.

No. 72-1706.

484 F.2d 535 (1973)

Mrs. Myrtle H. TRAWICK, Plaintiff-Appellee, v. The MANHATTAN LIFE INSURANCE COMPANY OF NEW YORK, NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 10, 1973.


Attorney(s) appearing for the Case

David Williams, Meridian, Miss., for defendant-appellant.

Erwin C. Ward, James A. Peden, Jr., Jackson, Miss., for plaintiff-appellee.

Before GODBOLD, DYER and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 10, 1973.

GODBOLD, Circuit Judge:

This suit by the widow and beneficiary of Harrison Trawick for death benefits from two insurance policies on his life is on its second journey to this court. Our opinion on the first appeal is Trawick v. Manhattan Life Ins. Co., 447 F.2d 1293 (C.A.5, 1971).

In his applications for insurance Trawick had misrepresented his physical condition...

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