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MARTIN v. NEW YORK LIFE INS. CO.

Nos. 6747, 6748.

104 F.2d 573 (1939)

MARTIN v. NEW YORK LIFE INS. CO. SAME v. EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 6, 1939.

Attorney(s) appearing for the Case

Arthur Chittick and John A. Niemeyer, both of Chicago, Ill., for appellant.

Homer H. Cooper, Wendell J. Brown, and Samuel O. Givens, Jr., all of Chicago, Ill., and Louis H. Cooke, of New York City, for appellee New York Life Ins. Co.

Frederic Burnham, Miles G. Seeley, and Frank D. Mayer, all of Chicago, Ill., for appellee Equitable Life Assur. Soc.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.

TREANOR, Circuit Judge.

This is a consolidated appeal from judgments of the District Court in two suits which were instituted by the trustee of the estate of Saverio Ariani, bankrupt. The purpose of the suits was to obtain as assets of the bankrupt estate the cash surrender values of certain outstanding life insurance policies, or, in the alternative, the cancellation of the policies and the issuance of duplicates to be delivered to the trustee to enable the trustee...

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