Union Central Life Ins. Co. v. Burger

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. following section 723c, upon Phoebe Burger and Mildred Burger that their oral testimony would be taken pursuant to the deposition and…