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COUNTRYSIDE CASUALTY CO. v. ORR

No. 74-1928.

523 F.2d 870 (1975)

COUNTRYSIDE CASUALTY COMPANY, Appellee, v. Johnny R. ORR and M. L. Kennedy, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 14, 1975.

Attorney(s) appearing for the Case

Donald E. Prevallet, Blytheville, Ark., for appellants.

Elbert S. Johnson, Blytheville, Ark., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

Johnny R. Orr and M. L. Kennedy appeal from the judgment of the District Court cancelling, ab initio, an automobile liability insurance policy issued to Orr by Countryside Casualty Company. The cancellation was based upon material misrepresentations found to have been made by Orr at the time he applied for the insurance policy.

On June 15, 1972, Orr applied for a policy of automobile insurance at a Jonesboro, Arkansas, agency...

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