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UPTON v. WESTERN LIFE INSURANCE COMPANY

No. 73-1540.

492 F.2d 148 (1974)

Francis C. UPTON, Plaintiff-Appellant, v. WESTERN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 20, 1974.

Attorney(s) appearing for the Case

Robert D. Simmons, Bowling Green, Ky., for plaintiff-appellant; Jon Goodman, Munfordville, Ky., on brief.

Whayne C. Priest, Jr., English, Lucas, Pries & Owsley, Bowling Green, Ky., for defendant-appellee.

Before McCREE and LIVELY, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

This is the appeal of the widow of a deceased insurance policy holder from a judgment entered on a verdict for the insurance company in a diversity action to recover under two $25,000 life insurance policies. In the district court, the insurance company stipulated to a prima facie case for appellant, and defended on the grounds that, in applying for the life insurance, appellant's deceased husband, who was a practicing...

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