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FRANKLIN LIFE INSURANCE COMPANY v. BIENIEK

Civ. A. No. 60-183.

199 F.Supp. 838 (1961)

FRANKLIN LIFE INSURANCE COMPANY, Plaintiff, v. Mary E. BIENIEK, and Sewickley Savings & Loan Association, Defendants.

United States District Court W. D. Pennsylvania.

November 29, 1961.

Attorney(s) appearing for the Case

Thomas W. Neely, Jr., Pittsburgh, Pa., for defendant Sewickley Savings & Loan Ass'n.

Wilbur F. Galbraith, Pittsburgh, Pa., and John F. Roney, Washington, Pa., for defendant Mary E. Bieniek.

Gilbert Helwig, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff Franklin Life Insurance Co.

DUMBAULD, District Judge.

This is a non-jury diversity case. This opinion shall be deemed to embody findings of fact and conclusions of law in accordance with Rule 52, F.R.Civ.P., 28 U.S.C.A. We also adopt, as sustained by the record, the sixteen (16) numbered findings of fact requested by plaintiff. Plaintiff insurance company seeks to cancel a life insurance policy, after the death of the insured on May 4, 1959, on the...

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