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EDNER v. MATHEWS

Nos. 8886, 8887.

151 F.2d 335 (1945)

Merritt I. EDNER, Trustee in Bankruptcy of George H. Lum, Appellant, v. Jenny R. MATHEWS, Ex'x, of George B. Mathews, Deceased. SAME v. MASSACHUSETTS MUTUAL LIFE INSURANCE CO., Defendant, and Third-Party Plaintiff, Appellee (Jenny R. MATHEWS, Ex'x of Estate of George B. Mathews, Deceased, Third-Party Defendant, Appellee).

Circuit Court of Appeals, Third Circuit.

Decided October 16, 1945.

Attorney(s) appearing for the Case

A. E. Kountz, of Pittsburgh, Pa., and Edward B. Murphy, of Buffalo, N. Y. (Austin L. Staley and Kountz, Fry, Staley & Meyer, all of Pittsburgh, Pa., and Rosengren, Volker & Murphy, of Buffalo, N. Y., on the brief), for appellant.

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 Mathews' estate, appellee.

Before ALBERT LEE STEPHENS, GOODRICH, and McLAUGHLIN, Circuit Judges.

PER CURIAM.

These two cases come to the Court from judgments of the District Court for the Western District of Pennsylvania. They involve several questions, all of which we think are questions of fact. Upon these questions there was conflicting testimony and each side points to facts tending to support the conclusion it urges. We quite realize that the questions are arguable. But the District Judge, having all the testimony before him, resolved it in well defined...

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