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NEW YORK LIFE INS. CO. v. GREENFIELD

No. 11458.

154 F.2d 953 (1946)

NEW YORK LIFE INS. CO. v. GREENFIELD.

Circuit Court of Appeals, Fifth Circuit.

April 5, 1946.

Attorney(s) appearing for the Case

L. S. Julian, of Miami, Fla., for appellant.

Phares N. Hiatt and Abe Aronovitz, both of Miami, Fla., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

WALLER, Circuit Judge.

In view of the holding of this Court in the case of Travelers Insurance Co. v. Greenfield, 5 Cir., 154 F.2d 950, that the amount in controversy was the total of the monthly disability payments unpaid at the time of the filing of the suit, which in the present case was $1,250, the claim of the Plaintiff for a reasonable attorney's fee could not, even if added to the small amount involved, total an amount in excess...

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