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NACCHIO v. NEW YORK LIFE INS. CO.

No. 10793.

200 F.2d 770 (1952)

NACCHIO et al. v. NEW YORK LIFE INS. CO.

United States Court of Appeals Third Circuit.

Decided December 30, 1952.

Attorney(s) appearing for the Case

Harry R. Kozart, Philadelphia, Pa., for appellants.

Joseph S. Conwell, Philadelphia, Pa. (Thomas E. Comber, Jr., Francis E. Marshall, Pepper Bodine, Stokes & Hamilton, Philadelphia, Pa., Ferdinand H. Pease, New York City, on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Plaintiffs, beneficiaries of a life insurance policy and citizens of Pennsylvania, sued defendant insurance company, a New York corporation, to recover the face amount of the policy plus a small amount of unearned premium. The district court, sitting without a jury gave judgment for defendant, and plaintiffs have appealed.

The insured made application to the defendant for a policy of life insurance in the amount of $7500 on November...

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