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RINN v. NEW YORK LIFE INS. CO.

No. 6025.

89 F.2d 924 (1937)

RINN v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 4, 1937.

Attorney(s) appearing for the Case

John E. Owens and Thomas L. Owens, both of Chicago, Ill., for appellant.

Homer H. Cooper, Wendell J. Brown, and George A. Reilly, all of Chicago, Ill., and Louis H. Cooke, of New York City, for appellee.

Before EVANS, Circuit Judge, and BALTZELL and BRIGGLE, District Judges.

EVANS, Circuit Judge.

The narrow and interesting question presented upon this appeal is the right of the administrator of an annuitant, who died a few years after the issuance of the annuity policy, to recover the balance of the premium not consumed in payments to annuitant during his life. The appeal is from orders sustaining appellee's motion to dismiss certain counts in appellant's separate action in chancery and at law. The action was begun in the state court...

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