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KLECKNER v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 86-5457.

822 F.2d 1316 (1987)

Henrietta KLECKNER, Individually and as Executrix of the Estate of Donald S. Kleckner v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a Corporation. Appeal of the MUTUAL LIFE INSURANCE COMPANY OF NEW YORK.

United States Court of Appeals, Third Circuit.

Decided June 30, 1987.

Rehearing and Rehearing Denied July 28, 1987.

Attorney(s) appearing for the Case

Bruce S. Edington (argued), Henry F. Wolff, III, Kraft & Hughes, Newark, N.J., for appellant.

Charles A. Reid, III, Shanley & Fisher, P.C., Morristown, N.J., for appellee.

Before SLOVITER and MANSMANN, Circuit Judges, and SCIRICA, District Judge.

Rehearing and Rehearing In Banc Denied July 28, 1987.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The central issue we address in this diversity case is whether or not a policy insuring the life of Donald S. Kleckner became effective, and if so, what the effective date was, under New Jersey law. The district court, on cross-motions for summary judgment, granted the motion of Henrietta Kleckner, individually...

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