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HERMAN v. PROVIDENT MUT. LIFE INS. CO.

No. 722, Docket 88-7876.

886 F.2d 529 (1989)

Susan HERMAN, Lucy Prashker and Martha Prashker, Plaintiffs-Appellees, v. The PROVIDENT MUTUAL LIFE INSURANCE COMPANY OF PHILADELPHIA, Defendant and Counter-claimant, v. Edward A. BRILL, Carmel P. Ebb, Paul R. Frank, Stanley Futterman, Murray Gartner, William E. Malarkey, Peyton H. Moss, Eric Rosenfeld and Eric D. Witkin, Counterclaim Defendants and Certain Cross-Claimants, Edward A. Brill, William E. Malarkey, Carmel P. Ebb, Counterclaim Defendants and Certain Cross-Claimants Appellees. Paul R. FRANK, Stanley Futterman, Peyton H. Moss, Eric Rosenfeld and Eric D. Witkin, Cross-Claimants-Appellants, v. Susan HERMAN, Lucy Prashker and Martha Prashker, as Co-Executrices under the last will and testament of Herbert Prashker, and Murray Gartner, Cross-Claim Defendants, Murray Gartner, Cross-Claim Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 29, 1989.

Attorney(s) appearing for the Case

Daniel P. Levitt, (Reid & Priest, Ronald S. Greenberg, Kramer, Levin, Nessen, Kamin & Frankel, New York City, of counsel), for cross-claimaints-appellants.

Robert P. Stein (Martin E. Karlinsky, Scheffler, Karlinsky & Stein, Robert D. Mercurio, Lane & Mittendorf, New York City, of counsel), for plaintiffs-appellees and cross-claim defendant-appellee.

Murray Gartner, New York City, pro se.

Before VAN GRAAFEILAND, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal involves a dispute over 1.35 million dollars in insurance proceeds derived from certain life insurance contracts taken out on the life of a law firm's leading partner — a partner who died shortly after his firm dissolved. When sorrow strikes a thriving law firm, its happiness goes down and, at least in this case, its demise has tragic overtones because the present litigation over...

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