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CLARK v. GOLDEN RULE INS. CO.

No. 89-4100.

887 F.2d 1276 (1989)

James E. CLARK, Plaintiff-Appellant, Cross-Appellee, v. GOLDEN RULE INSURANCE CO., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 12, 1989.

Attorney(s) appearing for the Case

Byron A. Richie, LeRoy H. Scott, Shreveport, La., for plaintiff-appellant cross-appellee.

Charles W. Salley, Lunn, Irion, Johnson, Salley & Carlisle, Shreveport, La., Charles R. Davis, Barry H. Powell, Thomas, Price, Alston, Jones & Davis, Jackson, Miss., for defendant-appellee cross-appellant.

Before THORNBERRY, GARWOOD, and DUHE, Circuit Judges:

THORNBERRY, Circuit Judge:

James E. Clark appeals the judgment of the district court denying his insurance claim for medical expenses on the grounds that coverage was precluded by a policy exclusion for preexisting conditions. Golden Rule Insurance Company (Golden Rule) files a cross-appeal alleging that the district court erred in refusing to rescind the policy for misrepresentation. We affirm the district court's judgment denying Clark's claim as preexisting condition...

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