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McGOGNEY v. MUTUAL LIFE INS. CO.

No. 6698.

103 F.2d 649 (1939)

McGOGNEY et ux. v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied May 23, 1939.

Attorney(s) appearing for the Case

Coleman Harrison, of Pittsburgh, Pa., and Arthur S. Arnold, of Philadelphia, Pa., for appellants.

Wm. H. Eckert and Smith, Buchanan & Ingersoll, all of Pittsburgh, Pa. (Frederick L. Allen, of New York City, of counsel), for appellee.

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

DAVIS, Circuit Judge.

The appellants are the father and mother of Oliver L. McGogney Jr., who died on May 29, 1931 as a result of an automobile accident. They are also the beneficiaries named in a policy of insurance issued by the appellee on the life of their deceased son which provided for ordinary death benefits of $5000 and double indemnity benefits of $10,000 under certain conditions not here material. Upon the refusal of the appellee to pay their claim under...

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