Michael D. Marcus v. National Life Insurance Company

KNOCH, Senior Circuit Judge.

The District Court entered judgment for defendant-appellee, National Life Insurance Company, after hearing by the Court on Count I, trial by jury on Count I having been waived, and after the close of all evidence in a jury trial of Count II, on a directed verdict for defendant, from which plaintiff-appellant, Michael D. Marcus, has taken this appeal.

Count I, as amended, which was submitted to the Court on evidence adduced at the trial of Count II, excerpts from deposition testimony and memoranda, pursuant to agreement of the parties, sought accounting and payment…