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FIRST NAT. BANK v. EQUITABLE LIFE ASSUR. SOC.

No. 5045.

31 F.Supp. 969 (1940)

FIRST NAT. BANK OF BIRMINGHAM v. EQUITABLE LIFE ASSUR. SOC.

District Court, N. D. Alabama, S. D.

March 14, 1940.

Attorney(s) appearing for the Case

Cabaniss & Johnston, of Birmingham, Ala., for plaintiff.

Howze & Brown, of Birmingham, Ala., for defendant.

MURPHREE, District Judge.

This case is submitted upon an agreed statement of facts which taken in connection with the policy itself shows the following:

During January, 1923, an application was made for a policy for $50,000, insuring the life of Louis S. Russell. Said application twice contained the statement that Russell was born on March 4, 1865, and that his insurance age at nearest birthday was then fifty-eight. The policy was issued and the recitals upon...

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