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UNION CENTRAL LIFE INS. CO. v. BURGER

27 F.Supp. 556 (1939)

UNION CENTRAL LIFE INS. CO. v. BURGER et al.

District Court, S. D. New York.

April 4, 1939.

Attorney(s) appearing for the Case

House, Grossman, Vorhaus & Hemley, of New York City (David Vorhaus, of New York City, of counsel), for plaintiff.

Joseph Burger, of New York City, for defendants.

LEIBELL, District Judge.

Plaintiff brought this action to rescind and cancel an insurance policy issued by it on the life of one Dewey D. Burger, now deceased, on the ground that the statements and warranties made by the insured in his application for the policy were false. The defendants are the beneficiaries named in the policy.

On or about March 8th, 1939, after issue had been joined in this action, plaintiff served notice under Rule 30(a), 28 U.S.C.A....

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