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FRANKLIN LIFE INSURANCE COMPANY v. BIENIEK

No. 13899.

312 F.2d 365 (1962)

FRANKLIN LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Mary E. BIENIEK and Sewickley Savings & Loan Association, Defendant-Appellees.

United States Court of Appeals Third Circuit.

Decided December 27, 1962.

Rehearing Denied February 20, 1963.

Attorney(s) appearing for the Case

Gilbert J. Helwig, Pittsburgh, Pa. (Robert W. Scrivner, Reed Smith Shaw & McClay, Pittsburgh, Pa., on the brief), for plaintiff-appellant.

Wilbur F. Galbraith, Pittsburgh, Pa. (John F. Roney, Washington, Pa., on the brief), for appellee Mary E. Bieniek.

Thomas W. Neely, Jr., Pittsburgh, Pa., for appellee Sewickley Savings & Loan Ass'n.

Before STALEY and FORMAN, Circuit Judges, and LANE, District Judge.

FORMAN, Circuit Judge.

Franklin Life Insurance Company of Illinois (Company) was the plaintiff in an action in the United States District Court for the Western District of Pennsylvania against Mary E. Bieniek and Sewickley Savings & Loan Association (Sewickley), both of Pennsylvania, for a judgment declaring a policy of insurance issued by it on the life of the husband of Mrs. Bieniek, the late Brownie J. Bieniek, to be null and void. After a hearing without a...

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