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REED v. ORDER OF UNITED COMMERCIAL TRAVELERS

No. 83.

123 F.2d 252 (1941)

REED v. ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA.

Circuit Court of Appeals, Second Circuit.

November 10, 1941.

Attorney(s) appearing for the Case

John A. Millener, of Rochester, N. Y. (E. Whitney Dillon, of Columbus, Ohio, of counsel), for appellant.

D. Mordecai Greenberg, of Rochester, N. Y., for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

This is an action upon a fraternal benefit certificate of insurance, which was removed from the Supreme Court of the State of New York in the County of Monroe on the ground of diverse citizenship. The case has been twice tried to a jury. In the first trial a verdict for the plaintiff was set aside by the trial judge. Upon the second trial the plaintiff again prevailed and judgment was entered upon the verdict.

The defendant's constitution, which...

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