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METROPOLITAN LIFE INS. CO. v. MANNING

No. 1181, Docket 77-7053.

568 F.2d 922 (1977)

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. Edward MANNING, Defendant-Appellee, and Thomas Gaines, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 8, 1977.

Rehearing Denied October 19, 1977.

Attorney(s) appearing for the Case

Thomas Gaines, Jr., New Rochelle, N. Y., defendant-appellant Pro Se.

Steven Cohn, Carle Place, N. Y. (Dean & Falanga, Carle Place, N. Y., on the brief), for defendant-appellee Edward Manning.

Before FRIENDLY, TIMBERS and MESKILL, Circuit Judges.

TIMBERS, Circuit Judge:

At stake on this appeal from a judgment entered in the Southern District of New York, Charles H. Tenney, District Judge, adopting a report of Magistrate Harold J. Raby, are the proceeds of a $10,000 federal employees' group life insurance policy which was owned by the deceased, Irene Penn Manning, at the time of her death on September 28, 1975. The district court awarded the insurance proceeds to her second husband, Edward Manning. Her...

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