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FIRST PA. B. & T. CO. v. UNITED STATES LIFE INS. CO., CITY OF N. Y.

No. 17610.

421 F.2d 959 (1969)

The FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, E. Marshall Nuckols, Jr., and Orville C. Dewey, Jr., Executors Under the Will of Orville C. Dewey, Deceased v. The UNITED STATES LIFE INSURANCE COMPANY IN the CITY OF NEW YORK, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 17, 1969.

Rehearing Denied December 10, 1969.

Attorney(s) appearing for the Case

Owen B. Rhoads, Dechert, Price & Rhoads, Philadelphia, Pa. (R. Neal Risley, Philadelphia, Pa., Peter J. Flanagan, New York City, on the brief), for appellant.

Walter R. Milbourne, Obermayer, Rebmann, Maxwell & Hippel, and Ralph B. Umsted, Philadelphia, Pa., for appellees.

Before KALODNER, GANEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

GANEY, Circuit Judge.

This is an appeal from the granting of a motion by the plaintiffs for summary judgment entered by the court below. The pertinent pleadings are as follows: On August 26, 1966, the plaintiffs filed a complaint asking for a declaratory judgment on a group policy of life insurance, No. G-9955-L, covering some 14 employees of Dewey Brothers, Inc., an insurance firm in the city of Philadelphia, under which the plaintiffs...

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