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EQUITABLE LIFE ASSUR. SOC. v. NIKOLOPULOS

No. 5990.

86 F.2d 12 (1936)

EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. NIKOLOPULOS.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 2, 1936.

Attorney(s) appearing for the Case

Collins & Corbin, of Jersey City, N. J. (Edward A. Markley and Charles W. Broadhurst, both of Jersey City, N. J., of counsel), for appellant.

Lum, Tamblyn & Fairlie, of Newark, N. J. (James Raymond Berry, of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a judgment, entered on a verdict for the plaintiff, for $8,041.50 as payments due to him under the provisions for disability benefits in a policy of life insurance issued to him by the defendant. The defendant contends that the District Court erred in refusing its motion for a directed verdict and in submitting the question of total and permanent disability to the jury.

On November 11, 1927, the defendant issued...

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