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METRO. LIFE INS. CO. v. DURKIN

301 N.Y. 376 (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.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Joseph M. Proskauer, Phillip W. Haberman, Jr., Burton A. Zorn and Eugene Eisenmann for appellant.

Murray I. Gurfein, Sidney E. Cohn, Louis B. Boudin and Daniel W. Meyer for respondents.

LOUGHRAN, Ch. J., DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; CONWAY, J., dissents in opinion in which LEWIS, J., concurs.

DESMOND, J.

Subdivision 7 of section 213 of the Insurance Law prohibits the payment to life insurance agents of "any compensation greater than that which has been determined by agreement made in advance of the payment of the premium". Subdivision 5 of section 213-a of the same law prohibits the payment to agents selling industrial life insurance of "any compensation greater...

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