Marjorie Arkison Kelly, Plaintiff-respondent, v. John Hancock Mutual Life Insurance Company, Defendant-appellant, 234 F.2d 656 (2d Cir. 1956)

Appeal from a judgment of the United States District Court for the Southern District of New York; Archie Owen Dawson, Judge.

Defendant Insurance Company appeals from a decision of the District Court determining that a policy of insurance in "full force" by virtue of a grace period clause is entitled to participate in the divisible surplus payable to policies "in force."

Robert J. McKeever, Port Chester, N. Y. (William D. Sporborg, Jr., Port Chester, N. Y., of counsel), for plaintiff-respondent.

Oeland & Kuhn, New York City (George W. Riley, New York City, of counsel), for defendant-appellant.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.