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BINDER v. COMMERCIAL TRAV. MUT. ACC. ASS'N OF AMERICA

57 F.Supp. 821 (1944)

BINDER v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N OF AMERICA.

District Court, S. D. New York.

January 20, 1944.

Attorney(s) appearing for the Case

A. Harold Frost, of New York City (Bernard Jenkin, of New York City, of counsel), for plaintiff.

Moses, Nehrbas & Tyler, of New York City, for defendant.

BRIGHT, District Judge.

Decisions upon the defendant's motions for a directed verdict, made at the close of the plaintiff's case and again at the close of the evidence, were reserved and briefs were requested. Similar action was taken as to the motion to set aside the verdict of the plaintiff.

The questions involved are (1) whether or not proper proof of loss was submitted, (2) whether plaintiff's evidence as a matter of law was insufficient to show that the...

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