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EDNER v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 8281.

138 F.2d 327 (1943)

EDNER v. MASSACHUSETTS MUT. LIFE INS. CO. et al.

Circuit Court of Appeals, Third Circuit.

Decided October 27, 1943.

Attorney(s) appearing for the Case

Edward N. Mills, of Buffalo, N.Y. (Albrecht, Maguire & Mills, of Buffalo, N. Y., and P. K. Motheral and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., on the brief), for appellant.

Wm. H. Eckert, of Pittsburgh, Pa. (Milton W. Lamproplos and Smith, Buchanan & Ingersoll, all of Pittsburgh, Pa., on the brief), for Massachusetts Mut. Life Ins. Co.

A. E. Kountz, of Pittsburgh, Pa. (Kountz & Fry, of Pittsburgh, Pa., and L. D. McCall, of DuBois, Pa., on the brief), for Edner, trustee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

In 1934 George H. Lum, the insured under three life insurance policies issued by the Massachusetts Mutual Life Insurance Company, lodged with that company collateral assignments of the policies to George B. Mathews purporting to be given as security for indebtedness. In 1940 Lum was adjudicated a bankrupt. In 1941 attorneys for Mathews notified the Company that Mathews claimed to be the absolute owner of the policies under an agreement of purchase...

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