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MUTUAL LIFE INS. CO. v. PARKINSON

No. 5166.

72 F.2d 759 (1934)

MUTUAL LIFE INS. CO. OF NEW YORK v. PARKINSON.

Circuit Court of Appeals, Third Circuit.

August 31, 1934.

Attorney(s) appearing for the Case

Arthur G. Dickson, of Philadelphia, Pa. (Frederick L. Allen, of New York City, of counsel), for appellant.

Henry G. Sweney, of Chester, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an action in assumpsit to recover the face value of a policy of insurance on the life of William S. Parkinson, who died on February 17, 1931, as the result of a tumor on his brain.

The suit was tried to the District Court and a jury. The plaintiff, the beneficiary of the policy, introduced in evidence the policy, which was issued on October 20, 1930, after the usual examination by a physician, representing the insurer, the defendant...

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