MUTUAL LIFE INS. CO. OF NEW YORK v. FROST

No. 4278.

164 F.2d 542 (1947)

MUTUAL LIFE INS. CO. OF NEW YORK v. FROST et al.

Circuit Court of Appeals, First Circuit.

November 26, 1947.


Attorney(s) appearing for the Case

S. Everett Wilkins, Jr., of Providence, R. I. (Edward M. Watson, of Providence, R. I., Louis W. Dawson, of New York City, and Hinckley, Allen, Tillinghast & Wheeler, of Providence, R. I., of counsel), for appellant.

Henry M. Boss, of Providence, R. I. (Martin M. Zucker, of Providence, R. I., of counsel), for appellees.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAGRUDER, Circuit Judge.

The complaint here sought recovery of disability benefits alleged to be payable to the insured, Morton F. Frost, under the terms of four life insurance policies issued by the defendant company. Suit was brought in the United States District Court for the District of Rhode Island. Joined as coplaintiffs with the insured, who sued by his conservator, were the two beneficiaries named in the policies. They are all citizens of Rhode Island, and...

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