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NATIONAL LIFE INS. CO. v. SOLOMON

No. 321, Docket 75-7294.

529 F.2d 59 (1975)

NATIONAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Irene SOLOMON and Louis Schuster as Trustee of the S & L Pension Trust-R. T.B. Industries, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 9, 1975.

Attorney(s) appearing for the Case

Harvey Weinig, Hempstead, N. Y. (Rivkin, Leff & Sherman, Freeport, N. Y., Leonard L. Rivkin, Freeport, N. Y., of counsel), for defendants-appellants.

Charles P. Sifton, New York City (LeBoeuf, Lamb, Leiby & MacRae, New York City, James A. Fitzpatrick, Jr., New York City, of counsel), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

In 1973, Herbert Solomon applied for a life insurance policy issued by National Life Insurance Company (hereinafter National). After submitting to the physical examination required by National and after filling out the appropriate application forms, including a statement of medical history, Solomon was insured by National in the amount of $240,792. Named as beneficiary of the policy was Irene Solomon, wife of the insured. Appellant Louis Schuster was named...

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