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LEE v. NATIONAL LIFE ASSUR. CO. OF CANADA

No. 79-2473.

635 F.2d 516 (1981)

Wanda R. LEE, Plaintiff-Appellant, v. The NATIONAL LIFE ASSURANCE COMPANY OF CANADA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 30, 1981.

Attorney(s) appearing for the Case

Alvin Boyd, Dallas, Tex., for plaintiff-appellant.

Thompson & Knight, John A. Mackintosh, Jr., O. Paul Corley, Jr., Dallas, Tex., for defendant-appellee.

Before THORNBERRY, GEE and REAVLEY, Circuit Judges.

ON PETITION FOR REHEARING

REAVLEY, Circuit Judge:

After we rendered our decision in this case, see Lee v. National Life Assurance Company, 632 F.2d 524 (5th Cir. 1980), counsel for appellee on petition for rehearing brought to our attention a recent decision by the Texas Supreme Court on the subject of the insurer's misrepresentation defense.

In our previous opinion, we stated:

"Washington...

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