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PETERS v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 6996.

107 F.2d 9 (1939)

PETERS v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 31, 1939.

Attorney(s) appearing for the Case

C. H. Welles, 3d, of Welles, Mumford & McGrath, of Scranton, Pa., and A. Greenwald Gearhart, of Stroudsburg, Pa., for appellant.

Edward W. Warren and Walter L. Hill, Sr., of O'Malley, Hill, Harris & Harris, both of Scranton, Pa. (Louis W. Dawson, of New York City, of counsel), for appellee.

Before MARIS, CLARK, and BIDDLE, Circuit Judges.

CLARK, Circuit Judge.

This decision writes finis to a rather protracted litigation. On April 25, 1933, plaintiff-appellant brought suit in the District Court on a life and disability insurance policy, Record No. 6323, March Term 1937. The transcript above referred to reveals what seem to be no less than seven attempts between that time and December 9, 1936, on the part of plaintiff-appellant to state a cause of action (under the rules of civil procedure adopted by...

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