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MASSACHUSETTS M. L. I. CO. v. COHEN, FRIEDLANDER & M. CO.

Civ. No. 5491.

70 F.Supp. 186 (1947)

MASSACHUSETTS MUT. LIFE INS. CO. v. COHEN, FRIEDLANDER & MARTIN CO.

District Court, N. D. Ohio, W. D.

February 14, 1947.

Attorney(s) appearing for the Case

John W. Winn and Ross Shumaker (of Fraser, Shumaker, Kendrick & Winn), both of Toledo, Ohio, for plaintiff.

George R. Effler, of Toledo, Ohio, for defendant.

KLOEB, District Judge.

A brief statement of the pertinent facts will suffice.

On August 29, 1945, Hyman Blitz, an officer of the defendant company, and Lyle C. Remdt, the Secretary-Treasurer of the company, made application to the plaintiff insurance company for $40,000 of life insurance upon the life of Mr. Blitz, for the benefit of the defendant company.

In this application, the following question was asked of Mr. Blitz and answer given: "Have you...

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