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NEW YORK LIFE INS. CO. v. PANAGIOTOPOULOS

No. 3041.

80 F.2d 136 (1935)

NEW YORK LIFE INS. CO. v. PANAGIOTOPOULOS.

Circuit Court of Appeals, First Circuit.

October 29, 1935.

Attorney(s) appearing for the Case

F. H. Nash, of Boston, Mass. (Louis H. Cooke, of New York City, and Richard Wait, of Boston, Mass., on the brief), for appellant.

Harris J. Booras, of Boston, Mass. (John A. Edgerly, of Boston, Mass., on the brief), for appellee.

Before BINGHAM and MORTON, Circuit Judges, and PETERS, District Judge.

BINGHAM, Circuit Judge.

The decree of April 3, 1935, as of January 7, 1935, transferring the case to the equity side of the court, provided "that the issues raised by the equitable defense shall first be tried, and the case be transferred to the equity docket, and in the meantime that proceedings at law be restrained."

The transfer of the case to the equity side of the court took place on January 7, 1935, and thereafter the case stood "as though an independent...

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