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LEWIN v. METROPOLITAN LIFE INSURANCE COMPANY

No. 16285.

394 F.2d 608 (1968)

Conchita S. LEWIN, Executrix of the Estate of Sidney E. Lewin, Deceased, Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Third Circuit.

Decided April 16, 1968.

Rehearing Denied May 14, 1968.

Attorney(s) appearing for the Case

Richard B. Malis, Malis, Malis & Malis, Philadelphia, Pa., for appellant.

Arthur W. Leibold, Jr., Dechert, Price & Rhoads, Philadelphia, Pa. (Owen B. Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before STALEY, Chief Judge, KALODNER, Circuit Judge, and SHERIDAN, District Judge.

OPINION OF THE COURT

SHERIDAN, District Judge.

Sidney E. Lewin, a citizen of Pennsylvania, brought an action against the Metropolitan Life Insurance Company, a New York corporation with its principal place of business in New York City, to recover benefits under two accident insurance policies. A jury awarded him $33,700, the maximum benefits under the policies. The district court granted Metropolitan's motion for judgment n. o. v. and, in the alternative...

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