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GUARDIAN LIFE INSURANCE COMPANY OF AMERICA v. EAGLE

No. 73-1687. Summary Calendar.

484 F.2d 382 (1973)

GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. John B. EAGLE et al., Defendants, Robert M. EAGLE, Independent Executor of the Estate of John B. Eagle, Deceased, and Eagle Lincoln Mercury, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 4, 1973.

Attorney(s) appearing for the Case

B. F. Coker, Joe K. Hendley, Dallas, Tex., for defendants-appellants.

Larry M. Lesh, Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

This diversity case arises from an attempt by Guardian Life Insurance Company, plaintiff-appellee, to rescind a $100,000 policy on the life of the late John B. Eagle on the ground that Eagle knowingly and intentionally made false statements concerning his physical condition on the policy application. The trial court ordered cancellation of the insurance and denied the counter-claim of Eagle's beneficiaries, defendants-appellants,

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