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NEW YORK LIFE INS. CO. v. CUMINS

No. 3664.

24 F.2d 1 (1928)

NEW YORK LIFE INS. CO. v. CUMINS.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied March 14, 1928.

Attorney(s) appearing for the Case

Clark Miller, William H. Eckert, and Gordon, Smith, Buchanan & Scott, all of Pittsburgh, Pa., for plaintiff in error.

Charles H. Sachs and Sachs & Caplan, all of Pittsburgh, Pa., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM.

This case, a suit to recover upon a policy of life insurance, was begun in a state court and from thence removed by the insurance company to the court below. In that court on September 24, 1924, the defendant filed an affidavit of defense, which pleading, by the Pennsylvania Practice Act of 1915 (P. L. 483; Pa. St. 1920, iect;§ 17181-17204), made the issue in the case. On September 16, 1926, the insurance company petitioned the court for leave to...

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