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PLYMOUTH MUT. L. INS. CO. v. ILLINOIS MID-CONTINENT L. INS. CO.

Nos. 16061, 16124.

378 F.2d 389 (1967)

PLYMOUTH MUTUAL LIFE INSURANCE COMPANY, Appellant, v. ILLINOIS MID-CONTINENT LIFE INSURANCE COMPANY OF CHICAGO, ILLINOIS.

United States Court of Appeals Third Circuit.

Decided May 9, 1967.

Attorney(s) appearing for the Case

Leonard J. Cook, Philadelphia, Pa. (William T. Coleman, Jr., Bruce W. Kauffman, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa., on the brief), for appellant.

Jerome J. Shestack, Philadelphia, Pa. (William T. Hangley, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Feuerstein & Underweiser, New York City, on the brief), for appellee.

Before BIGGS, HASTIE and FORMAN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

This action was brought in July, 1965, by Plymouth Mutual Life Insurance Company, the present appellant, against Illinois Mid-Continent Life Insurance Company of Chicago, Illinois. An Agreement of Settlement and Release entered into by the parties was approved by order of the district court on January 4, 1966. One provision of this agreement has led to the present controversy. Paragraph VIII (A) stipulates:

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