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MUTUAL BEN. LIFE INS. CO. v. JMR ELECTRONICS CORP.

No. 1170, Docket 88-7156.

848 F.2d 30 (1988)

The MUTUAL BENEFIT LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. JMR ELECTRONICS CORP., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 25, 1988.

Attorney(s) appearing for the Case

Alexander J. Wulwick, New York City (Robert Horowitz, Great Neck, N.Y., on the brief), for defendant-appellant.

George Berger, New York City (Sy Gruza, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Guy C. Bosetti, Senior Vice Pres. & Gen. Counsel, Philip N. Reynolds, Assoc. Counsel, Mutual Benefit Life Ins. Co., Newark, N.Y., on the brief), for plaintiff-appellee.

Phillip E. Stano, Washington, D.C., filed a brief for amici curiae American Council of Life Ins. & Health Ins. Ass'n of America.

Before NEWMAN and PRATT, Circuit Judges, and TELESCA, District Judge.

PER CURIAM:

JMR Electronics Corporation ("JMR") appeals from a judgment of the District Court for the Southern District of New York (Robert W. Sweet, Judge) ordering recission of a life insurance policy issued by plaintiff-appellant The Mutual Benefit Life Insurance Company ("Mutual") and dismissing JMR's counterclaim for the policy's proceeds. Judge Sweet ruled that a misrepresentation made in the policy application concerning the insured's history of cigarette smoking...

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