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SULLIVAN v. PENN MUT. LIFE INS. CO.

No. 6622.

100 F.2d 560 (1938)

SULLIVAN v. PENN MUT. LIFE INS. CO.

Circuit Court of Appeals, Seventh Circuit.

November 30, 1938.

Attorney(s) appearing for the Case

Warren Camaday and Edmond M. Sullivan, both of Chicago, Ill., for appellant.

Edward R. Johnston and Robert Z. Hickman, both of Chicago, Ill. (Edward R. Johnston, of Chicago, Ill., of counsel), for appellee.

Before EVANS and TREANOR, Circuit Judges, and LINDLEY, District judge.

LINDLEY, District Judge.

Plaintiff appeals from a decree dismissing his amended bill for want of equity. His original bill was filed Nov. 1, 1937, in behalf of himself, as a policyholder of defendant, and of all other policyholders similarly situated. The following averments are admitted by the motion to dismiss.

Defendant is a mutual life insurance company, and on September 6, 1927, issued to plaintiff a $5,000 life policy containing a provision for waiver...

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