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GUARDIAN LIFE INS. CO. OF AMERICA v. MUNIZ

No. 95-4827. Non-Argument Calendar.

101 F.3d 93 (1996)

GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. Estevan M. MUNIZ, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 6, 1996.

Attorney(s) appearing for the Case

Karen Curtis, Gallwey, Gillman, Curtis, Vento & Horn, P.A., Miami, FL, for Plaintiff-Appellant.

Diego C. Ascencio, W. Palm Beach, FL, for Defendant-Appellee.

Before ANDERSON, EDMONDSON and BARKETT, Circuit Judges.

PER CURIAM:

The Guardian Life Insurance Company of America ("Guardian") filed this action in the district court, seeking cancellation of a life insurance policy issued to Estevan M. Muniz on the basis of alleged misrepresentations in the insurance application. The complaint alleges diversity of citizenship, and that more than $50,000 is involved. See 28 U.S.C. § 1332. The face value of the life insurance policy is $100,000.

Muniz filed a motion...

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