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HUNT v. PUBLIC MUT. BEN. FOUNDATION

No. 6471.

94 F.2d 749 (1938)

HUNT, Insurance Commissioner of Pennsylvania, v. PUBLIC MUT. BEN. FOUNDATION.

Circuit Court of Appeals, Third Circuit.

February 9, 1938.

Attorney(s) appearing for the Case

Charles J. Margiotti, Atty. Gen., and N. L. Wymard and Clement J. Reap, both of Harrisburg, Pa., for appellant.

Ralph W. Rymer, of Scranton, Pa., Archibald Palmer, of New York City, and Kappes & Hille, of Union City, N. J., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and DICKINSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below the Public Mutual Benefit Foundation, a corporate citizen of New Jersey, hereafter called Benefit, filed a bill in equity against Owen B. Hunt, Insurance Commissioner of the Commonwealth of Pennsylvania, hereafter styled Commissioner, praying he be enjoined "from attempting to interfere with the business of" Mutual Benefit. On final hearing the court held that "the business which the plaintiff seeks to carry on is not...

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