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NEVILLE v. AMERICAN REPUBLIC INS. CO.

No. 89-4772.

912 F.2d 813 (1990)

Quinton E. NEVILLE, Plaintiff-Appellant, v. AMERICAN REPUBLIC INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 23, 1990.

Attorney(s) appearing for the Case

Gene Harlow, Grenada, Miss., Alan D. Lancaster, Winoa, Miss., for plaintiff-appellant.

T.H. Freeland, IV, Oxford, Miss., for defendant-appellee.

Before WISDOM, KING, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Quinton E. Neville appeals the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his complaint. Because the insurance policy in issue precludes coverage for Neville's pre-existing condition, we AFFIRM.

I.

In early 1981, Neville applied for, and received, a health insurance policy from American Republic Insurance Company (American). He stated in the application that he had contracted meningitis in 1952 and, consequently...

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