ROCHE, District Judge.
Plaintiff, beneficiary on certain insurance policies, brings this action against defendant Prudential Insurance Company of America (hereafter called the Company), to recover in the alternative on certain life policies. In a previous court case tried in 1939, plaintiff obtained a judgment for $5,000 plus interest. On defendant's motion, this judgment was set aside and a new trial was granted. The case is now submitted on the record of the second...
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