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FOX v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY

No. 3177.

136 F.Supp. 766 (1956)

Ray J. FOX and Nellie M. Fox, husband and wife, Plaintiffs, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, Defendant.

United States District Court D. Idaho, S. D.

January 13, 1956.

Attorney(s) appearing for the Case

Donart & Donart, Weiser, Idaho, for plaintiffs.

Homer E. Martin, Boise, Idaho, for defendant.

TAYLOR, District Judge.

This cause is presently before the Court on the issues of law raised by the first paragraph of defendant's first affirmative defense to each of plaintiffs' causes of action contained in their complaint. The first paragraph of each affirmative defense alleges that the cause of action to which it is directed "fails to state any fact or facts sufficient to constitute a cause of action against the defendant." Said first paragraph of each affirmative...

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