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MASSACHUSETTS CASUALTY INSURANCE CO. v. FORMAN

No. 74-1504.

516 F.2d 425 (1975)

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

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 14, 1975.

Attorney(s) appearing for the Case

L. J. Cushman, S. E. Cushman, Miami, Fla., Richard H. M. Swann, Coral Gables, Fla., for plaintiff-appellant.

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

Before TUTTLE, GODBOLD and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 14, 1975. See 533 F.2d 1383.

GODBOLD, Circuit Judge:

The appellant, Massachusetts Casualty Insurance Company, filed suit against appellee Forman seeking to rescind and cancel a disability insurance policy it had issued to him and to recover $5,500 disability benefits already paid. Forman counterclaimed for enforcement of the policy. Following a nonjury trial, the District Court entered judgment in favor of Forman...

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