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CHARLES ELENBERG, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant. CHARLES ELENBERG, Respondent,

PER CURIAM.

While the evidence disclosed that the plaintiff, a real estate operator, was suffering from a disease of the heart which limited his activities to some extent, he failed to establish by a fair preponderance of evidence that such disease totally disabled him within the definition contained in either policy.

The judgments should be reversed, with costs, and the complaints dismissed, with costs.

PER CURIAM.

Judgments unanimously reversed, with costs, and complaints dismissed, with costs.

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ELENBERG v. METROPOLITAN LIFE INS. CO
(Jun 22, 1937)