PIERKOWSKIE v. NEW YORK LIFE INS. CO.

No. 8471.

147 F.2d 928 (1944)

PIERKOWSKIE et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

Decided December 1, 1944.

As Amended March 7, 1945.


Attorney(s) appearing for the Case

Douglass D. Storey, of Harrisburg, Pa. (Chas. E. Berger, of Pottsville, Pa., Ferdinand H. Pease, Gen. Counsel, of New York City, and Storey & Bailey, of Harrisburg, Pa., on the brief), for appellant.

Alexander N. Rubin, of Philadelphia, Pa. (Roy P. Hicks, of Pottsville, Pa., Hirschwald, Goff & Rubin, of Philadelphia, Pa., and Hicks & Watkins, of Pottsville, Pa., on the brief), for appellees.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.


BIGGS, Circuit Judge.

The plaintiffs, beneficiaries of a life insurance policy, sued the defendant to recover under the double indemnity provisions of the policy. The beneficiaries recovered a judgment for the full amount sought. The defendant has appealed and the substance of its objection to the judgment lies in its assertion that the District Judge adopted an attitude deliberately inimical to the defendant and constituted himself an advocate for the plaintiff....

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