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WALSH v. CONNECTICUT MUT. LIFE INS. CO.

No. 7653.

26 F.Supp. 566 (1939)

WALSH v. CONNECTICUT MUT. LIFE INS. CO. OF HARTFORD, CONN.

District Court, E. D. New York.

January 30, 1939.

Attorney(s) appearing for the Case

William B. Codling, of Northport, and William G. Bushell, of New York City, for plaintiff.

Clark & Baldwin, of New York City (John Kirkland Clark and Ganson J. Baldwin, both of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is a motion made by the defendant for the following relief:

"1. For summary judgment in favor of the defendant, dismissing the complaint upon the merits (under Rule 56 of the Federal Rules of Civil Procedure).

"2. In the alternative, that the Court, by examining the pleadings and evidence before it, and by interrogating counsel, shall ascertain what material facts exist without substantial controversy, and what material...

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