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MALLOY v. NEW YORK LIFE INS. CO.

No. 3388.

103 F.2d 439 (1939)

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

Circuit Court of Appeals, First Circuit.

April 11, 1939.

Attorney(s) appearing for the Case

Crawford D. Hening, of Berlin, N. H., and Laurence I. Duncan, of Concord, N. H. (Robert W. Upton, of Concord, N. H., on the brief), for appellants.

Jonathan Piper, of Concord, N. H. (Demond, Sulloway, Piper & Jones, of Concord, N. H., on the brief), for appellee.

Before BINGHAM, and WILSON, Circuit Judges, and FORD, District Judge.

FORD, District Judge.

This is an appeal from a decree of the District Court of New Hampshire in an equity suit brought by the New York Life Insurance Company, hereinafter called the "Insurance Company" against Edward T. Malloy, hereinafter called the "insured", and Thomas E. Malloy, of Gorham, New Hampshire (the latter now being deceased and his estate having no interest in these proceedings), seeking to rescind and cancel the double indemnity and disability provisions...

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