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CITY NAT. BANK OF FAIRMONT v. FIDELITY MUT. LIFE INS. CO.

Civ. A. No. 295-F.

110 F.Supp. 510 (1953)

CITY NAT. BANK OF FAIRMONT v. FIDELITY MUT. LIFE INS. CO.

United States District Court N. D. West Virginia.

February 24, 1953.

Attorney(s) appearing for the Case

John D. Amos and William P. Lehman, Fairmont, W. Va., for plaintiff.

Russell L. Furbee, C. H. Hardesty, Jr., Fairmont, W. Va., for defendant.

WARLICK, District Judge (by special assignment).

This action, sounding in tort, is one instituted by the plaintiff to recover damage for the alleged fraud and deceit of the defendant. The case was tried by the court without a jury. The facts are not greatly disputed. The damage sought to be recovered is $10,000. The action has its inception in a policy of life insurance issued by the defendant company on the life of one Donald P. Ave Lallemant, with a face value of...

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