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MARKUS v. PENN MUTUAL LIFE INSURANCE CO.

No. 20247.

389 F.2d 538 (1967)

Edith S. MARKUS, Appellant, v. PENN MUTUAL LIFE INSURANCE CO., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1967.

Petition for Rehearing Denied August 24, 1967.

Attorney(s) appearing for the Case

Mr. Stanley Klavan, Washington, D. C., with whom Mr. J. H. Krug, Washington, D. C., was on the brief, for appellant.

Mr. Frederick A. Ballard, Washington, D. C., and Mr. John L. Esterhai, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc Denied August 24, 1967.

PRETTYMAN, Senior Circuit Judge:

Appellant brought a civil action in the District Court as the beneficiary of one Samuel J. Sugar (her brother) in a retirement plan of the Penn Mutual Life Insurance Co. Mr. Sugar had been for many years an agent for that company. His retirement date under the plan was at age 65, which at the time of the events here involved was slightly more than five years away. He had...

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