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GARCIA v. AETNA CAS. & SUR. CO.

No. 79-2470.

657 F.2d 652 (1981)

Tony GARCIA and Martha Garcia, Plaintiffs-Appellants, v. AETNA CASUALTY AND SURETY COMPANY, a foreign corporation doing business in the State of Florida, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

August 19, 1981.

Attorney(s) appearing for the Case

Ralph W. Rinehart, Tampa, Fla., for plaintiffs-appellants.

Fowler, White, Gillen, Boggs, Villareal & Banker, Diana L. Fuller, W. Donald Cox, Tampa, Fla., for defendant-appellee.

Before VANCE, HATCHETT and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

This is a diversity of citizenship action in which the appellants, Tony and Martha Garcia, sought to recover the proceeds of a fire insurance policy covering their home and furnishings issued by the appellee, Aetna Casualty and Surety Company ("Aetna"). At trial Aetna raised a number of defenses which are reduced to these three: (1) that the Garcias materially misrepresented the value of their house in their application for...

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