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FREEDOM CASKET CO. v. NEW YORK LIFE INS. CO.

No. 5940.

88 F.2d 833 (1937)

FREEDOM CASKET CO. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

February 25, 1937.

Attorney(s) appearing for the Case

Margiotti, Pugliese, Evans & Reid and S. C. Pugliese, all of Pittsburgh, Pa., and Homer H. Swaney, of Beaver Falls, Pa., for appellant.

William H. Eckert and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This case is before us upon rehearing of an appeal from a decree of the District Court for the Western District of Pennsylvania. The appellee, New York Life Insurance Company, insured the life of Ernest G. Sturgis. The policy was assigned by Sturgis to the appellant, the Freedom Casket Company. After the death of the insured the appellee filed a bill in equity in the court below in which it alleged that the insured had obtained the

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