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WILMINGTON TRUST CO. v. MANUFACTURERS LIFE INS.

Nos. 78-1965, 78-3166.

624 F.2d 707 (1980)

WILMINGTON TRUST COMPANY, Individually, and Curtin Winsor, Jr., as CoTrustee under the Trust Agreement Elizabeth D. Norment, Plaintiffs-Appellants, v. The MANUFACTURERS LIFE INSURANCE COMPANY, a Foreign Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 1980.

Attorney(s) appearing for the Case

Edna L. Caruso, West Palm Beach, Fla., and Thomas M. Mettler, Palm Beach, Fla., for plaintiffs-appellants.

Shutts & Bowen, Phillip G. Newcomm, Brenton N. Ver Ploeg, Miami, Fla., for defendant-appellee.

Before SIMPSON, HILL and HATCHETT, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Joseph D. Winsor died of gunshot wounds in 1976. Manufacturers Life, who had insured Winsor's life, disclaimed liability to the policy beneficiaries, appellants, on the ground that Winsor had made false statements in his policy application. Appellants brought suit in diversity, 28 U.S.C. § 1332(a) (1976), for breach of contract. Appellants denied that Winsor's policy application contained misstatements, and claimed in any event that...

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