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SLATTERY v. PULLMAN COMPANY

153 A.2d 575 (1959)

Francis J. SLATTERY, Millard F. Hoffecker and Harry Herel, Plaintiffs, v. PULLMAN COMPANY (Pullman Incorporated), a corporation of the State of Illinois and Prudential Insurance Company of America, a corporation of the State of New Jersey, Defendants.

Court of Chancery of Delaware, New Castle.

June 17, 1959.

Attorney(s) appearing for the Case

James J. Walsh and Gerald Z. Berkowitz, Wilmington, for plaintiffs.

S. Samuel Arsht and Harvey S. Kronfeld (of Morris, Nichols, Arsht & Tunnell), Wilmington, for defendant, Pullman Co.

Henry R. Horsey (of Berl, Potter & Anderson), Wilmington, and Owen Rall (of Peterson, Lowry, Rall, Barber & Ross), Chicago, Ill., for defendant, Prudential Ins. Co. of America.

SEITZ, Chancellor.

Plaintiffs were employees of the defendant, the Pullman Company ("Pullman") until 1958 at which time their employment was terminated. The other defendant, the Prudential Insurance Company of America ("Prudential") has, since 1929, written certain group term insurance policies for Pullman.

Plaintiffs were covered by the policies and pursuant to their understanding with Pullman, the plaintiffs paid to Pullman certain amounts which constituted...

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