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FREEMAN v. ALLSTATE LIFE INS. CO.

No. 99-16501.

253 F.3d 533 (2001)

Curtis FREEMAN, Plaintiff-Appellant, v. ALLSTATE LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2001.

Attorney(s) appearing for the Case

Jerrold B. Braunstein, Dennis, Schottky & Braunstein, Sacramento, California, for the appellant.

David A. Riegels, Riegels Campos & Kenyon LLP, Sacramento, California, for the appellee.

Before: ALFRED T. GOODWIN, PROCTER HUG, JR., and WILLIAM A. FLETCHER, Circuit Judges.

Argued and Submitted February 13, 2001 — San Francisco, California.

HUG, Circuit Judge:

I. Overview

Appellant Curtis Freeman ("Freeman") appeals the district court's judgment, following a bench trial, allowing Allstate Life Insurance Company ("Allstate") to rescind a life insurance policy issued to Freeman's deceased wife, Shelley. The district court found that Mrs. Freeman had made a material misstatement while applying for the policy. Freeman...

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