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BROIDY v. STATE MUT. LIFE ASSUR. CO.

Civ. A. No. 10406.

91 F.Supp. 447 (1950)

BROIDY v. STATE MUT. LIFE ASSUR. CO. OF WORCESTER et al.

United States District Court E. D. New York.

June 27, 1950.

Attorney(s) appearing for the Case

Warner & Birdsall, New York City (Arthur G. Warner and James E. Birdsall, New York City, of counsel), for plaintiff.

Cravath, Swaine & Moore, New York City (George Stephen Leonard and Maurice Rosenberg, New York City, of counsel), for defendant State Mutual Life Assurance Company of Worcester, Mass.

Thomas F. Dougherty, New York City, for defendant First Federal Savings and Loan Association of Hempstead.

BYERS, District Judge.

The plaintiff seeks judgment against the defendant Insurance Company, reforming a Certificate of Life Insurance issued by it under its Group Life Creditors Policy No. GC-203 entered into with the defendant First Federal Savings and Loan Association of Hempstead, to be referred to as Federal.

The provision of the said Certificate sought to be reformed by its exclusion thereof, is as follows:

"Aviation Limitation

"Notwithstanding...

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