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GINSBURG v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA

5 F.Supp. 296 (1933)

GINSBURG v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA.

District Court, S. D. New York.

July 6, 1933.

Attorney(s) appearing for the Case

O'Brien, Boardman, Conboy, Memhardt & Early, of New York City, for plaintiff.

Edwin A. Jones and Katz & Sommerich, all of New York City, for defendant.

BONDY, District Judge.

Although the decisions are conflicting as to the proper measure of damages upon the breach of an executory contract of accident insurance, by the weight of authority the plaintiff in this action cannot recover an amount sufficiently large to give this court jurisdiction. See Roehm v. Horst, 178 U.S. 1, 18, 20 S.Ct. 780, 44 L. Ed. 953; Kithcart v. Metropolitan Life Ins. Co. (D. C.) 1 F.Supp. 719...

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