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MONARCH LIFE INS. CO. v. DONAHUE

Civ. A. No. 88-6509.

708 F.Supp. 674 (1989)

MONARCH LIFE INSURANCE CO. v. Mary Ellen DONAHUE, Executrix of the Estate of Ricky Donahue, Mary Ellen Donahue, in her own right and as Guardian for her minor son, Joshua Donahue and Joshua Donahue v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

United States District Court, E.D. Pennsylvania.

March 27, 1989.

Attorney(s) appearing for the Case

Alan K. Cotler, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiff.

Dennis F. Feeley, Cohen, Knaso Feeley & Ortwein, Easton, Pa., for defendants.

Michael P. Shay, Bethlehem, Pa., for defendants Mary Ellen Donahue, Executrix of the Estate of Ricky Donahue, Mary Ellen Donahue, in her own right.

C. Clark Hodgson, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for defendants Merrill Lynch, Pierce, Fenner & Smith, Inc.

MEMORANDUM AND ORDER

KATZ, District Judge.

Plaintiff Monarch Insurance Company ("Monarch") has brought this action against the widow/executrix and minor son of Ricky Donahue ("Donahues") seeking a declaratory judgment that a life insurance policy entered into by itself and Donahue is void ab initio by virtue of material misrepresentations made by Donahue in his application for insurance. Merrill Lynch, Pierce, Fenner and Smith, Inc. ("Merrill Lynch...

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