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MERLIN v. AETNA LIFE INSURANCE COMPANY

180 F.Supp. 90 (1960)

Evelyn Platt MERLIN, Plaintiff, v. AETNA LIFE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

January 20, 1960.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff. Alan E. Bandler, New York City, of counsel.

William S. O'Connor, New York City, for defendant. Gerard J. McGowan, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Plaintiff is the beneficiary of a policy insuring her deceased husband against accidental death. She sues to recover the proceeds of the policy, alleging that her husband's death was caused by accidental means. Defendant insurer merely denies that death was accidental and pleads no affirmative defenses. Jurisdiction is based on diversity of citizenship.

Defendant now moves, pursuant to Rule 37(a), F.R.Civ.P., 28 U...

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