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NEW YORK LIFE INS. CO. v. DAVIS

No. 2785.

5 F.Supp. 316 (1933)

NEW YORK LIFE INS. CO. v. DAVIS et al.

District Court, W. D. Pennsylvania.

November 25, 1933.

Attorney(s) appearing for the Case

William H. Eckert and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for plaintiff.

J. Campbell Brandon, Brandon, Brandon & Ross, and Zeno Henninger, all of Butler, Pa., for defendants.

SCHOONMAKER, District Judge.

This is a suit in equity, in which the plaintiff is seeking to eliminate from three life insurance policies which it issued upon the life of the defendant Edward B. Davis, the disability and double indemnity provisions.

The case first came to the attention of the court on defendants' motion to dismiss the bill of complaint, because: (1) It discloses no ground of equitable relief; (2) the plaintiff has an adequate remedy at law...

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