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KELLY v. MONTOUR RR. COMPANY et al.

195 Pa.Super. 587 (1961)

Kelly v. Montour Railroad Company et al., Appellants.

Superior Court of Pennsylvania.

June 15, 1961.

Attorney(s) appearing for the Case

Jack W. Plowman, with him Rose, Houston, Cooper & Schmidt, for railroad, appellant.

Thomas Lewis Jones, with him Richard C. Witt, for insurance company, appellant.

Samuel J. Goldstein, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY WATKINS, J., June 15, 1961:

These appeals are from an order of the Court of Common Pleas of Allegheny County by the Montour Railroad Company and the Equitable Life Assurance Society of the United States, the appellants, directing the reinstatement of a policy of insurance on the life of Eugene V. Kelly, the appellee.

The appeals grew out of an action in equity to reinstate a policy of group life insurance brought by

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