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MALONEY v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.

Civ. No. 5755.

164 F.Supp. 93 (1958)

Donald W. MALONEY, as Trustee in Bankruptcy of Eastern Footwear Corporation, Bankrupt, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court N. D. New York.

July 3, 1958.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman & Hays, Alexander H. Rockmore, New York City, for plaintiff, Charles H. Cohen, New York City, of counsel.

Lockwood & Vaughan, Utica, N. Y., for defendant, Bert B. Lockwood, Utica, N. Y., George W. Riley, New York City, Thomas H. Smith (of the Boston, Mass. Bar) of counsel.

FOLEY, District Judge.

Both parties move for summary judgment. Each side states and concedes in the briefs there exists no material fact issue which might prevent summary disposition as a matter of law on the papers presented. See Vermont Structural Slate Co. v. Tatko Bros., 2 Cir., 233 F.2d 9. Each agrees substantially on the depositions, exhibits, admissions and writings to be considered although there is some dispute by the plaintiff...

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