JOHANSEN v. CONFEDERATION LIFE ASSOCIATION

No. 464, Docket 35074.

447 F.2d 175 (1971)

Harry T. JOHANSEN, Jr., individually and as Executor of the Last Will and Testament of Gladys Johansen, and Hortense Justiz de Turull, Plaintiffs-Appellants, v. CONFEDERATION LIFE ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 1971.


Attorney(s) appearing for the Case

David F. Dobbins, New York City (Royall, Koegel & Wells, and James M. Pape, New York City, on the brief), for appellants.

Walter C. Lundgren, New York City (Lovejoy, Wasson, Lundgren & Ashton, and Douglas Foster, New York City, on the brief), for appellee.

Before LUMBARD, SMITH and FEINBERG, Circuit Judges.


LUMBARD, Chief Judge:

Plaintiffs appeal from a final judgment entered against them on May 7, 1970 in the Southern District of New York after trial before Judge McLean without a jury. The suit was brought initially in the Supreme Court of New York County, but was removed by the defendant insurance company to the federal district court on the ground of diversity of citizenship.

Plaintiffs' complaint has two counts. The first seeks recovery in United States dollars...

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