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MASSACHUSETTS MUTUAL LIFE INSURANCE CO. v. BREI

No. 54, Docket 27461.

311 F.2d 463 (1962)

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Thomas E. BREI, Mary C. Brei, Arthur F. Brei and Leanne F. Brei, Infants, and Nancy H. Brei, individually and as General Guardian of said infants, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 20, 1962.

Attorney(s) appearing for the Case

Harris, Beach, Keating, Wilcox, Dale & Linowitz, Rochester, N. Y., Rowland H. Long, Springfield, Mass., for plaintiff-appellant.

William J. Flynn, Buffalo, N. Y., and Chauncey S. Kibbe, Attica, N. Y., for defendants-appellees.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.

WATERMAN, Circuit Judge.

This is an action brought by the Massachusetts Mutual Life Insurance Company for a declaratory judgment determining the rights of the parties under the provisions of two life insurance policies. The insurer disclaims liability on the ground that the decedent-insured committed suicide. The beneficiaries under the policies, defendants below, contend that the insured's death resulted from injuries accidentally sustained as a result of a gunshot...

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