Majority
p. 923In the Matter of Massachusetts Mutual Life Insurance Company, Appellant, v. Thomas Thacher, as Superintendent of Insurance of the State of New York, Respondent. In the Matter of Mutual Life Insurance Company of New York, Appellant, v. Thomas Thacher, as Superintendent of Insurance of the State of New York, Respondent. Argued March 27, 1962; decided April 26, 1962.
p. 924
Rowland H. Long and Edward T. Post for Massachusetts Mutual Life Insurance Company, appellant.
p. 925
James D. Ewing, Arthur O. Kaiser and Eugene Z. Du Bose for Mutual Life Insurance Company of New York, appellant.
Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Philip Weinberg of counsel), for respondent.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.