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NEW JERSEY LIFE INS. CO. v. GETZ

Nos. 77-3597, 77-3598.

622 F.2d 198 (1980)

NEW JERSEY LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. James A. GETZ et al., Defendants-Appellees. Ruth GETZ, Plaintiff-Appellee, v. NATIONAL FIDELITY LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 4, 1980.

Rehearing Denied July 23, 1980.

Attorney(s) appearing for the Case

Stanley M. Chesley, Waite, Schneider, Bayless & Chesley, Cincinnati, Ohio, for plaintiff-appellant in case no. 77-3597 and defendant-appellant in case no. 77-3598.

Leo J. Breslin, Lindhorst & Dreidame, Marc D. Mezibov, Cincinnati, Ohio, for Getz.

Before MERRITT and JONES, Circuit Judges and WISEMAN, District Judge.

MERRITT, Circuit Judge.

In this diversity case from Ohio summary judgment for $100,000 was granted in favor of Ruth Getz, the beneficiary of two life insurance policies on her husband, Jack A. Getz. The trial court held trecover $50,000 each from New Jersey Life Insurance Company and National Fidelity Life Insurance Company. The insurance companies appeal.

Initially, New Jersey Life brought suit against the beneficiary seeking declaratory and injunctive relief...

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