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VELLA v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 1241, Docket 89-7234.

887 F.2d 388 (1989)

Donald VELLA, Plaintiff-Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES and The Equitable Group and Life Insurance Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 2, 1989.

Attorney(s) appearing for the Case

Patrick F. Foley, New York City (McCormick Dunne & Foley, of counsel), for plaintiff-appellant.

Michael W. Brody, New York City (John P. Mangan, of counsel) for defendants-appellees.

Before FEINBERG and KEARSE, Circuit Judges, and BARTELS, Senior District Judge.

BARTELS, Senior District Judge:

In this diversity action plaintiff-appellant Donald Vella ("Vella") seeks to recover for breach of contract under a disability policy issued by defendants-appellees, the Equitable Life Assurance Society of the United States and the Equitable Group and Life Insurance Company ("Equitable"). The policy provided for the payment of $4,000 a month income in the event Vella experienced a health disability which caused him to lose his employment...

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