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NEW YORK LIFE INS. CO. v. PANAGIOTOPOULOS

No. 3127.

83 F.2d 957 (1936)

NEW YORK LIFE INS. CO. v. PANAGIOTOPOULOS.

Circuit Court of Appeals, First Circuit.

May 23, 1936.

Attorney(s) appearing for the Case

F. H. Nash, of Boston, Mass. (Louis H. Cooke, of New York City, and Philip Rhinelander, 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, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is the same case in which we handed down an opinion October 29, 1935. See 80 F.2d 136. There the question before us was whether the defendant's answer set up an equitable defense. We held that it did not and sustained the action of the District Court in that regard, but vacated the judgment entered in favor of the plaintiff and remanded the case for further proceedings.

Thereafter, on December...

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