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NEW YORK LIFE INS. CO. v. LEVINE

No. 8724.

148 F.2d 313 (1945)

NEW YORK LIFE INS. CO. v. LEVINE.

Circuit Court of Appeals, Third Circuit.

Decided March 13, 1945.

As Amended March 19, 1945.

Attorney(s) appearing for the Case

Morris W. Kail, of Philadelphia, Pa., for appellant.

Edward J. Fox, Jr., of Easton, Pa. (Fox & Oldt, of Easton, Pa., on the brief), for appellee.

Before BIGGS and GOODRICH, Circuit Judges, and LEAHY, District Judge.

BIGGS, Circuit Judge.

We are concerned in the case at bar with the amounts due from New York Life Insurance Company to Jacob Levine* under two policies of insurance, No. 8,375,155 and No. 11,150,820, issued by the company to Levine.

The District Court concluded in respect to policy -155 that benefits were due from the first day of the month following receipt of proof of disability by the company and that premiums paid subsequent...

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