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O'NEILL v. NEW YORK LIFE INS. CO.

No. 6199.

88 F.2d 945 (1937)

O'NEILL et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

March 10, 1937.

Attorney(s) appearing for the Case

Horace M. Schell, of Philadelphia, Pa., Cyril C. Kilker, of Girardville, Pa., and James A. Dolphin, of Mahanoy, Pa., for appellants.

J. S. Conwell, of Philadelphia, Pa. (Pepper, Bodine, Stokes & Schoch, of Philadelphia, Pa., and Louis H. Cooke, of New York City, of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This was a suit brought by the beneficiaries of two policies of insurance issued by defendant on the life of Margaret O'Neill, and the sole question involved is whether the policies, which had lapsed on the nonpayment of a premium, had been reinstated by the company.

The pertinent facts, which are undisputed, are thus stated by the trial judge:

"On January 8, 1930, there were delivered to the agent of the defendant at Reading...

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