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SULLIVAN v. MANHATTAN LIFE INS. CO. OF NEW YORK

Nos. 80-1078, 80-1102.

626 F.2d 1080 (1980)

Anna E. SULLIVAN, Plaintiff-Appellee and Cross-Appellant, v. The MANHATTAN LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided August 8, 1980.

Attorney(s) appearing for the Case

H. Erik Lund, Boston, Mass., with whom Burns & Levinson, Boston, Mass., was on brief, for The Manhattan Life Ins. Co.

Ralph C. Copeland, Wellesley, Mass., with whom Randolph L. Smith and Baldwin, Copeland & Hession, Wellesley, Mass., were on brief, for Anna E. Sullivan.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, and DAVIS, Judge, U.S. Court of Claims.

DAVIS, Judge.

This insurance case pits plaintiff Anna E. Sullivan, beneficiary and widow of the insured, Thomas A. Sullivan, against the Manhattan Life Insurance Company of New York which refused to pay on the policy because it considers that Mr. Sullivan misrepresented his health in his application. Federal jurisdiction rests on diversity of citizenship. The case was tried to the judge on a combination of a stipulation of facts plus some trial evidence. The court...

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