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WILMINGTON TRUST CO. v. MUTUAL LIFE INS. CO.

No. 9722.

177 F.2d 404 (1949)

WILMINGTON TRUST CO. v. MUTUAL LIFE INS. CO. OF NEW YORK.

United States Court of Appeals Third Circuit.

Decided September 21, 1949.

Attorney(s) appearing for the Case

E. Ennalls Berl, Wilmington, Del. (Wm. S. Potter, Vincent A. Theisen, Wilmington, Del., Donovan, Leisure, Newton, Lumbard & Irvine, New York City, on the brief), for appellant.

Charles I. Thompson, Philadelphia, Pa., James R. Morford, Wilmington, Del. (Louis W. Dawson, New York City, on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The appeal at bar is from the denial of the plaintiff's motion for summary judgment and from the granting of a similar motion made by the defendant. The issue presented is the recovery on two life insurance policies. The pertinent facts, none of which is in dispute, follow.

In 1935 Richard C. duPont and the defendant entered into two separate but identical life insurance policies covering the life of duPont. From the applications and from...

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