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GOVERNMENT EMP. INS. CO. v. ROZMYSLOWICZ

Nos. 75 C 1351 and 75 C 2197.

449 F.Supp. 68 (1978)

GOVERNMENT EMPLOYEES INSURANCE COMPANY, Plaintiff, v. John ROZMYSLOWICZ and the United States of America, Defendants. UNITED STATES of America, Plaintiff, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant.

United States District Court, E. D. New York.

April 24, 1978.

Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley, Mineola, N. Y. (E. Richard Rimmels, Jr., Mineola, N. Y., of counsel), for Government Employees Ins. Co.

David G. Trager, U. S. Atty., Brooklyn, N. Y. (Richard L. Huffman, Brooklyn, N. Y., and Diane R. Eisner, New York City, of counsel, with Gary Levy, Law Student, on the brief), for United States of America.

Scheyer, Jellenik & Attonito, Smithtown, N. Y., for John Rozmyslowicz.

MEMORANDUM

NICKERSON, District Judge.

In these actions, which in an opinion dated December 5, 1977, the court concluded should be consolidated, Government Employees Insurance Company ("GEICO") moves to reargue the court's conclusion that summary judgment should be granted to the United States.

GEICO had insured one Charles Fabisiak under a policy on a 1967 Volkswagen operated by him when an accident occurred...

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