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MODIN v. NEW YORK CENTRAL CO.

No. 78-1594.

650 F.2d 829 (1981)

Katherine E. MODIN, Plaintiff-Appellant, v. NEW YORK CENTRAL COMPANY and/or its successors in interest; Penn Central and/or its successors in interest; Trustees of Penn Central — Robert W. Blanchette, Richard C. Bond, John H. McArthur — and/or its successors in interest; Consolidated Rail Corporation; Mutual of New York Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1981.

Attorney(s) appearing for the Case

Keith V. Moore, Memphis, Tenn., for plaintiff-appellant.

Everett B. Gibson, Gregory G. Fletcher, Laughlin, Halle, Regan, Clark & Gibson, Memphis, Tenn., for Trustees & Conrail.

Henry T. V. Miller, McDonald, Kuhn, Smith, Gandy, Miller & Tait, M. Weddington, Memphis, Tenn., for N. Y. Life.

Before MERRITT, CORNELIA G. KENNEDY and BOYCE F. MARTIN, Jr., Circuit Judges.

MERRITT, Circuit Judge.

This case arises from the cancellation of an insurance policy on the life of an employee of the New York Central Railroad. Defendant Penn Central Railroad cancelled the policy without notice after the 1966 merger of the Pennsylvania and New York Central Railroads. Plaintiff's decedent, Roy A. Modin, was a long-time non-union clerk for the New York Central in its Memphis office prior to the merger....

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