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METRO. LIFE INS. CO. v. DURKIN

276 A.D. 394 (1950)

Metropolitan Life Insurance Company, Appellant, v. James H. Durkin, as President of United Office & Professional Workers of America et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1950.

Attorney(s) appearing for the Case

Joseph M. Proskauer of counsel (Phillip W. Haberman, Jr., Burton A. Zorn and Eugene Eisenmann with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for appellant.

Murray I. Gurfein of counsel (Louis B. Boudin, Sidney E. Cohn and Daniel W. Meyer with him on the brief; Boudin, Cohn & Glickstein, attorneys), for James H. Durkin, as president of United Office & Professional Workers of America, and others, respondents.

Daniel W. Myer for William Frankfort, as president of Industrial Life Insurance Company Agents Union, Local 30, and others, respondents.

GLENNON, J. P., VAN VOORHIS and SHEINTAG, JJ., concur with COHN, J.; DORE, J., dissents in opinion.

COHN, J.

Metropolitan Life Insurance Company (hereinafter called "Metropolitan") instituted this action against United Office and Professional Workers of America and Industrial Life Insurance Company Agents Union, Local 30 (hereinafter called "Unions"), Philip Paris and others for a judgment declaring that the New York State Insurance Law bars Metropolitan from making payments ordered by the National War Labor...

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