PROVIDENT MUT. LIFE INS. CO. OF PHILADELPHIA v. EHRLICH

Nos. 74-1353 and 74-1354.

508 F.2d 129 (1975)

PROVIDENT MUTUAL LIFE INSURANCE COMPANY OF PHILADELPHIA, Appellant in No. 74-1353, v. Selma EHRLICH, Appellant in No. 74-1354, Shirley Ehrlich a/k/a Shirley Joan Ehrlich, Shirley Ehrlich a/k/a Shirley Joan Ehrlich, Executrix of the Estate of Edward H. Ehrlich, Deceased.

United States Court of Appeals, Third Circuit.

Decided January 27, 1975.


Attorney(s) appearing for the Case

J. Stokes Adams, III, Philadelphia, Pa., for appellant, Provident Mutual Life Ins. Co. of Philadelphia; Hart, Childs, Hepburn, Ross & Putnam, Philadelphia, Pa., of counsel.

Jay D. Barsky, Philadelphia, Pa., for appellant, Selma Ehrlich.

M. Stuart Goldin, Isenberg, Goldin & Blumberg, Philadelphia, Pa., for appellee, Shirley Ehrlich.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The break up of a family is an unhappy affair whose consequences linger on long after the event and often involve strangers as well as those directly concerned. In this case a life insurance company finds itself in the unpleasant position of being beset by competing claims of two wives of a deceased insured. While both have sympathetic appeal, we conclude that only one can prevail here. The decision of the district...

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