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UNION CENT. LIFE INS. CO. v. SOBELSON

Civ. A. No. 2822.

46 F.Supp. 931 (1942)

UNION CENT. LIFE INS. CO. v. SOBELSON et al.

District Court, E. D. New York.

September 28, 1942.

Attorney(s) appearing for the Case

House, Grossman, Vorhaus & Hemley, of New York City (Sidney Greenman, of New York City, of counsel), for plaintiff.

Irving A. Cook, of Brooklyn, N.Y., for defendants (for motion).

BYERS, District Judge.

Although not so denominated, this is considered to be a motion under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint for failure to state a claim upon which relief can be granted.

The action is by the insurer under a policy upon the life of Charles S. Sobelson, deceased, dated January 9, 1941, in the sum of $15,000. Sobelson died less than two years thereafter on March...

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