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

Nos. 7670, 7661.

79 F.2d 487 (1935)

MUTUAL LIFE INS. CO. OF NEW YORK v. TREADWELL. PENN MUT. LIFE INS. CO. OF PHILADELPHIA v. SAME.

Circuit Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing November 2, 1935.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., Harold W. Hill, of Alexandria, La., and Frederick L. Allen, of New York City, for appellant Mutual Life Ins. Co. of New York.

Nicholas Callan, of New Orleans, La., for appellant Penn Mut. Life Ins. Co. of Philadelphia.

John R. Hunter and John H. McSween, of Alexandria, La., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

FOSTER, Circuit Judge.

Appellee, David R. Treadwell, brought a suit against Mutual Life Insurance Company of New York, and another against Penn Mutual Life Insurance Company of Philadelphia, to recover disability payments under policies issued to him by said companies. The suits were consolidated for trial in the District Court and on appeal may be disposed of by one opinion.

The material provisions of the policies are practically identical. They provided...

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