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MINH TU v. MUTUAL LIFE INS. CO. OF NEW YORK

Nos. 97-1421, 97-1461 and 97-1473.

136 F.3d 77 (1998)

MINH TU, Plaintiff, Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Union Central Life Insurance Company, John Alden Life Insurance Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

Owen Gallagher with whom Garrett Harris and Gallagher & Gallagher, P.C., Boston, MA, were on consolidated brief, for appellant.

Joseph H. Skerry III with whom Mark M. Owen and Lyne, Woodworth & Evarts LLP, Boston, MA, were on consolidated brief, for appellees.

Before BOUDIN, Circuit Judge, GODBOLD and CYR, Senior Circuit Judges.

BOUDIN, Circuit Judge.

This is an appeal by Minh Tu from a district court decision rejecting his claims and granting summary judgment to the defendants. His complaint sought to recover just over $3.9 million in life insurance issued by three different insurers on the life of Minh Tu's wife, Phuong Ly. Summary judgment was granted because the district court found insufficient admissible evidence of Phuong Ly's death to submit the case to a jury.

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