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NEW YORK LIFE INS. CO. v. ROE

No. 11185.

102 F.2d 28 (1939)

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

Circuit Court of Appeals, Eighth Circuit.

March 2, 1939.

Attorney(s) appearing for the Case

A. F. House, of Little Rock, Ark. (Louis H. Cooke, of New York City, and Rose, Hemingway, Cantrell & Loughborough, of Little Rock, Ark., on the brief), for appellant.

H. T. Harrison, of Little Rock, Ark. (Pace & Davis and Buzbee, Harrison, Buzbee & Wright, all of Little Rock, Ark., on the brief), for appellees.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is to reverse a decree entered pursuant to a motion to dismiss a bill of complaint praying declaratory judgment under Section 274d of the Judicial Code, 28 U.S.C.A. § 400. The complaint disclosed diversity of citizenship and more than three thousand dollars involved and alleged:

"The plaintiff, New York Life Insurance Company, is engaged in the life insurance business, and on June 28, 1927, it issued its Policy No...

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