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MOYER v. ÆTNA LIFE INS. CO.

No. 7804.

126 F.2d 141 (1942)

MOYER v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

Decided February 13, 1942.

Attorney(s) appearing for the Case

Walter L. Hill and Edward W. Warren, both of Scranton, Pa. (O'Malley, Hill, Harris & Harris, of Scranton, Pa., on the brief), for appellant.

Alvin W. Carpenter, of Sunbury, Pa. (J. P. Carpenter, of Sunbury, Pa., on the brief), for appellee.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

The plaintiff brought suit upon two policies of life insurance issued by the defendant upon the life of Charles Moyer, the plaintiff's husband. Each of the policies provides for benefits including waiver of premiums in the event of total and permanent disability. Premiums were paid to August and October, 1929, respectively, but none thereafter. The insured died August 16, 1931. Suit was originally instituted for the face amount of the policies...

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