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EQUITABLE LIFE ASSUR. SOC. v. PORTER-ENGLEHART

No. 88-1683.

867 F.2d 79 (1989)

The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff, Appellee, v. Sandra PORTER-ENGLEHART, et al., Defendants. Sandra Porter-Englehart, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 8, 1989.

Attorney(s) appearing for the Case

Denis Frauenhofer, for appellant.

Hrant H. Russian, Cambridge, Mass., for defendants-appellees Merle Joy Englehart, individually and as Trustee under the Last Will and Testament of Manfred O. Englehart, John O. Englehart, William L. Englehart, Andrew D. Englehart and Colleen A. Englehart.

Donald R. Peck, with whom David R. Schmahmann and Nutter, McClennen & Fish, Boston, Mass., were on brief, for appellee Equitable Life Assur. Soc. of the U.S.

Before BOWNES, BREYER and SELYA, Circuit Judges.

SELYA, Circuit Judge.

Like William Shakespeare's account of King Ferdinand of Navarre and his much-befuddled lords, this too is a case of "Love's Labour's Lost." But unlike the Princess of France, we do not enjoy the luxury of consigning suitors to some forlorn and naked hermitage whilst we postpone our answer for a twelvemonth and a day. The tale which confronts us, and our resolution of it, follows. The parties, agreeing on little else, acknowledge that the substantive...

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