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LIBERTO v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

Civ. A. No. 70-895.

323 F.Supp. 1274 (1971)

Thomas S. LIBERTO, Plaintiff, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, a corporation, Defendant.

United States District Court, W. D. Pennsylvania.

March 11, 1971.

Attorney(s) appearing for the Case

James P. Gill, of Spotts, Gill, Gavin & Morrow, Pittsburgh, Pa., for plaintiff.

Arthur R. Gorr, of Stein & Winters, Pittsburgh, Pa., for defendant.

OPINION AND ORDER

MARSH, Chief Judge.

Plaintiff sued the defendant on a health and accident policy basing jurisdiction on diversity of citizenship and an amount in controversy in excess of $10,000.1

The defendant moved for judgment on the pleadings, but subsequently having filed an affidavit, the court treated the motion as one for summary judgment. Rule 12(c), Fed.R.Civ.P. The allegations of the verified complaint and...

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