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FIRST NAT. BANK OF PA. v. LINCOLN NAT. LIFE INS.

No. 86-3765.

824 F.2d 277 (1987)

The FIRST NATIONAL BANK OF PENNSYLVANIA, Trustee v. The LINCOLN NATIONAL LIFE INSURANCE COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 28, 1987.

Rehearing and Rehearing Denied August 14, 1987.

Attorney(s) appearing for the Case

S.E. Riley, Jr., Russell S. Warner, John W. Draskovic, MacDonald, Illig, Jones & Britton, Erie, Pa., for appellant.

Harry D. Martin, Craig A. Markham, Elderkin, Martin, Kelly, Messina & Zamboldi, Erie, Pa., for appellee.

Before SLOVITER and STAPLETON, Circuit Judges, and SHAPIRO, District Judge.

Submitted Under Third Circuit Rule 12(6) July 17, 1987.

Rehearing and Rehearing In Banc Denied August 14, 1987.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The district court granted summary judgment for the beneficiary of a life insurance policy notwithstanding the contention of the insurer that the policy had lapsed for nonpayment of premium. The propriety of summary judgment is at issue.

I.

Plaintiff First National...

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