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ROSENTHAL v. NEW YORK LIFE INS. CO.

No. 10938.

94 F.2d 675 (1938)

ROSENTHAL et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

February 21, 1938.

Attorney(s) appearing for the Case

Douglas W. Robert, of St. Louis, Mo., for appellant Esther Rosenthal.

James C. Jones, Jr., of St. Louis, Mo. (James C. Jones, Lon O. Hocker, Frank Y. Gladney, and Joseph H. Grand, all of St. Louis, Mo., and Louis H. Cooke, of New York City, on the brief), for appellee.

Before STONE, SANBORN, and WOODROUGH, Circuit Judges.

SANBORN, Circuit Judge.

This is a suit in equity brought by the New York Life Insurance Company to cancel two reinstatements of a $7,000 policy of life insurance upon the joint lives of Joseph Rosenthal and Esther Rosenthal and payable to the survivor of them if either should die while the policy was in force. It was alleged in the complaint that the reinstatements were fraudulently procured and had been rescinded by the company. Joseph Rosenthal died May 14, 1933...

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