WYZANSKI, District Judge.
This case comes before this Court on defendant's motion to dismiss, sometimes referred to by the parties as defendant's motion for summary judgment. Both parties have filed affidavits.
Cushing, who is not a party to or intervenor in this case, was employed as an adjuster by plaintiff, The Globe Indemnity Company, a New York corporation, between 1951 and 1954. During that time he submitted to his employer fictitious claims in the names...
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