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JOHN HANCOCK MUT. LIFE INS. CO. v. WEISMAN

No. 93-2150.

27 F.3d 500 (1994)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Debra WEISMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 1994.

Attorney(s) appearing for the Case

Mark C. Meiering (Edward Ricco with him on the brief) of Rodey, Dickason, Sloan Akin & Robb, P.A., Albuquerque, NM, for plaintiff-appellee.

Steven L. Tucker of Tucker Law Firm, P.C., Santa Fe, NM (Turner W. Branch of Branch Law Firm and Steven J. Vogel, Albuquerque, NM, with him on the brief), for defendant-appellant.

Before KELLY, Circuit Judge, BARRETT, Senior Circuit Judge, and THEIS, Senior District Judge.

THEIS, Senior District Judge.

This is a dispute concerning the validity of a disability insurance policy issued by plaintiff-appellee John Hancock Mutual Life Insurance Company ("John Hancock") to Debra Weisman, defendant-appellant. Weisman brought suit in state district court in New Mexico seeking to enforce the policy. John Hancock later brought suit in United States District Court for the District of New Mexico seeking rescission of the policy on the ground that...

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