CHESNUT, District Judge.
In this case the plaintiff filed its suit in this court on June 21, 1938 asking a declaratory judgment affirming the present force and validity of a "non-cancellable disability" policy of insurance issued to him by the defendant in 1921. The defendant has filed a motion to dismiss on two grounds: (1) That the defendant filed its bill of complaint in the Circuit Court No. 2 of Baltimore City on June 21, 1938, seeking a cancellation and rescission...
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