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POLLACK v. METROPOLITAN LIFE INS. CO.

No. 8256.

138 F.2d 123 (1943)

POLLACK v. METROPOLITAN LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

Decided September 13, 1943.

Attorney(s) appearing for the Case

Conover English, of Newark, N. J. (McCarter, English & Egner and Nicholas Conover English, all of Newark, N. J., on the brief), for appellant.

Arthur T. Vanderbilt, of Newark, N. J. (G. Dixon Speakman, of Newark, N. J., and Herbert E. Armstrong, of Rutherford, N. J., on the brief), for appellee.

Before BIGGS, MAGRUDER, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action brought by the beneficiary of an insurance policy on the life of one Louis Marx to recover the death benefits. The defendant, appellant on this appeal, is the Metropolitan Life Insurance Company, which issued the policy April 14, 1921. A clause in the policy provides that if the age of the insured has been misstated, the amount of insurance payable shall be what the premiums paid would

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