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

No. 7437.

118 F.2d 163 (1941)

MUTUAL LIFE INS. CO. OF NEW YORK v. TORMOHLEN et al.

Circuit Court of Appeals, Seventh Circuit.

March 10, 1941.

Attorney(s) appearing for the Case

James M. Barrett, Jr., and Leigh L. Hunt, both of Fort Wayne, Ind., for appellant.

James P. Murphy, of Fort Wayne, Ind., Roscoe D. Wheat, of Portland, Ind., and Guy Colerick and Frank E. Corbett, both of Fort Wayne, Ind., for appellee.

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

KERNER, Circuit Judge.

Plaintiff insurance company brought an action against the defendants pursuant to the Federal Declaratory Judgment Act, 28 U.S.C.A. § 400, seeking a decree that it was no longer obligated to make disability payments to defendants under five policies of life insurance upon the life of Herbert V. Tormohlen.

In its complaint plaintiff alleged that since April 1, 1937, it was under no obligation to resume the payment of monthly disability...

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