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METROPOLITAN PROPERTY AND LIABILITY INS. CO. v. STREETS

No. 88-1045.

856 F.2d 526 (1988)

METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Appellant, v. Phyllis A. STREETS, as Administratrix of the Estate of Martin Streets, Deceased.

United States Court of Appeals, Third Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Duane, Morris & Heckscher, Cecelia F. Wambold (argued), Claudia H. Wohlfarth, Philadelphia, Pa., for appellant.

Kleeman & Abloeser, P.C., Samuel Abloeser (argued), Michael Y. Kleeman, Philadelphia, Pa., for appellee.

Before GIBBONS, Chief Judge, HIGGINBOTHAM, Circuit Judge, and ROTH, District Judge.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Metropolitan Property and Liability Insurance Company appeals from an order dismissing its complaint for declaratory and injunctive relief against Phyllis A. Streets, administratrix of the estate of Martin Streets, with respect to Mrs. Streets' claim for uninsured motorist benefits for Martin, her deceased son. Metropolitan sought a declaration (1) that the residency requirements of the policy were not met at the...

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