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WISNIEWSKI v. PRUDENTIAL INSURANCE CORP. OF AMERICA

No. 17772.

422 F.2d 154 (1970)

Mary A. WISNIEWSKI, Widow of Robert Wisniewski, Appellant, v. The PRUDENTIAL INSURANCE CORPORATION OF AMERICA.

United States Court of Appeals, Third Circuit.

Decided March 4, 1970.

Rehearing Denied April 7, 1970.

Attorney(s) appearing for the Case

Louis M. Tarasi, Jr., Conte, Courtney & Tarasi, Pittsburgh, Pa., for appellant.

John H. Scott, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee.

Before STALEY, SEITZ and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Mary A. Wisniewski (plaintiff), widow of Robert Wisniewski, appeals from the district court's partial denial of recovery on an insurance policy on the life of her husband. The policy had been issued by defendant, Prudential Insurance Corporation (Prudential), on November 14, 1957, and named plaintiff as beneficiary. After Mr. Wisniewski's death on December 22, 1964, a controversy arose concerning a possible lapse...

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