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NEW YORK LIFE INS. CO. v. HALPERN

No. 4751.

61 F.2d 1037 (1932)

NEW YORK LIFE INS. CO., Appellant, v. Julius HALPERN, et al., Trustees, Appellees.

Circuit Court of Appeals, Third Circuit.

September 30, 1932.

Attorney(s) appearing for the Case

Wm. H. Eckert, of Pittsburgh, Pa., Louis H. Cooke, of New York City, and Smith, Buchanan, Scott & Gordon, of Pittsburgh, Pa., for appellant.

Charles H. Sachs, Louis Caplan, and Sachs & Caplan, all of Pittsburgh, Pa., for appellees.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

PER CURIAM.

The appellant filed its bill in equity in the court below praying for the cancellation and rescission of two policies of life insurance issued by it in favor of the appellees, Julius Halpern, the insured, and Lillian Halpern and Fidelity Trust Company, as trustees under a certain trust agreement, upon the ground that the said Julius Halpern, in his application, had made certain false and fraudulent answers to questions propounded to him by the appellant...

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