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SCHROEDER v. NATIONWIDE MUTUAL INSURANCE COMPANY

242 F.Supp. 787 (1965)

Frederick SCHROEDER and Henry Leak, d/b/a F. & H. Contracting Co., Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

June 18, 1965.

Attorney(s) appearing for the Case

Friedlander & Gaines, New York City, for plaintiffs, W. Harvey Mayer, New York City, of counsel.

Carmine C. Marasco, for defendant, William F. Duncanson, of counsel.

HERLANDS, District Judge.

Plaintiffs, in this action for breach of an insurance contract, have moved for complete or, in the alternative, partial summary judgment under Rule 56 of the Federal Rules of Civil Procedure.

Jurisdiction rests on diversity of citizenship and the allegation in the complaint that plaintiffs are entitled to a recovery of more than $10,000, viz., $101,500. 28 U.S.C. § 1332(a) (1).

This $101,500 figure is based upon the following...

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