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PREVER v. AETNA LIFE INS. CO.

43 F.Supp. 752 (1941)

PREVER et al. v. AETNA LIFE INS. CO.

District Court, S. D. New York.

November 17, 1941.

Attorney(s) appearing for the Case

Herman Scheckner, of New York City, for plaintiffs.

Daniel Miner, of New York City, for defendant.

CONGER, District Judge.

Motion by plaintiffs for summary judgment. The plaintiffs have moved pursuant to Rule 113 of the Rules of Civil Practice and Section 476 of the Civil Practice Act of the State of New York. Both attorneys have stipulated in open court, however, that I may consider the motion as being made under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The defendant has countermoved asking leave to amend its answer...

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