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

No. 5579.

81 F.2d 752 (1936)

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

Circuit Court of Appeals, Third Circuit.

January 21, 1936.

Attorney(s) appearing for the Case

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

Ruby R. Vale and John W. Dickerson, both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

Edna B. Sayre, the plaintiff-appellee, has filed a petition to modify the order of this court entered on October 17, 1935, in conformity with its opinion wherein the court said in part:

"This instruction was erroneous and prejudicial to the defendant. Consequently a new trial will be granted as to double indemnity unless the plaintiff files a remittitur for the difference between $77,000, the amount of the judgment, and the face value...

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