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

No. 7105.

113 F.2d 633 (1940)

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

Circuit Court of Appeals, Seventh Circuit.

July 3, 1940.

Attorney(s) appearing for the Case

George T. Evans and Gerard E. Grashorn, both of Chicago, Ill., George B. Christensen, of Chicago, Ill. (Winston, Strawn & Shaw, of Chicago, Ill., and Louis W. Dawson, of New York City, of counsel), for appellant.

James D. Murphy, of Chicago, Ill. (Albin Dommermuth and James A. Carey, both of Chicago, Ill., of counsel), for appellee.

Before TREANOR, KERNER, Circuit Judges, and LINDLEY, District Judge.

TREANOR, Circuit Judge.

This is an appeal by the defendant from an adverse judgment in a suit by the plaintiff based upon a policy of insurance.

Plaintiff-appellee has directed our attention to the defendant's failure to file with the Clerk of the District Court a statement of the points of error to be relied upon in this court. Appellee asks for a dismissal of the appeal in reliance upon Rule 9 of this court which provides that "No appeal shall be considered...

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