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ELLIS v. PROVIDENT LIFE & ACC. INS. CO.

No. 91 Civ. 7074(MP).

926 F.Supp. 417 (1996)

James R. ELLIS, Plaintiff, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, and Provident Life & Casualty Insurance Company, Defendants.

United States District Court, S.D. New York.

May 22, 1996.

Attorney(s) appearing for the Case

Liddle Robinson & Shoemaker by Jeffrey L. Liddle, W. Dan Boone, James A. Batsom, New York City, for Plaintiff.

Taft Stettinus & Hollister, by J. Alan Lips, Gregory Parker Rogers, Cincinnati, Ohio, of counsel: Paul, Hastings, Janofsky & Walker, by Patrick Shea, Stamford, CT, J. Hartley Echerd, Provident Life & Accident Ins. Co., Chattanooga, TN, Friedman & Kaplan, by Robert D. Kaplan, New York City, for Defendants.

OPINION

MILTON POLLACK, Senior District Judge.

This case was tried to the Court at a Bench trial. Few witnesses were called to the stand; the remainder of the testimony came from extensive depositions largely taken on behalf of the plaintiff.

The plaintiff also presented at the trial as an aid to the Court pursuant to Rule 702 Fed.Rules of Evidence, a witness versed in statistical analysis, to present what purported to be a statistical age...

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