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HOLTZE v. EQUITABLE LIFE ASSUR. SOC. OF U. S.

No. 74-1662.

548 F.2d 1037 (1976)

Lilli HOLTZE, Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1976.

Attorney(s) appearing for the Case

James M. O'Neill, Washington, D.C., with whom Roger M. Dougherty and Francis Clark Barrie, Washington, D.C., were on brief, for appellant.

Robert S. Bennett, Washington, D.C., with whom Anne W. Foley, Washington, D.C., was on the brief, for appellee.

Before LEVENTHAL and ROBINSON, Circuit Judges, and MILLER, Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Judge MILLER.

MILLER, Judge:

This appeal is from the judgment of the district court on cross-motions for summary judgment denying the motion of plaintiff-appellant and granting the motion of defendant-appellee. The controversy involves rescission of and refusal to pay under an insurance policy for $100,000 on the life of the late husband of Lilli Holtze (the beneficiary) by Equitable Life on the ground of alleged misrepresentations...

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