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FALSTAFF BREWING CORP. v. NEW YORK LIFE INS. CO.

No. C 75-1560 CFP.

513 F.Supp. 289 (1978)

FALSTAFF BREWING CORPORATION, a Delaware Corporation, Plaintiffs, v. NEW YORK LIFE INSURANCE COMPANY, a New York Corporation, and The Mutual Life Insurance Company of New York, a New York Corporation, Defendants.

United States District Court, N. D. California.

March 3, 1978.

Attorney(s) appearing for the Case

Sullivan, Jones & Archer, San Francisco, Cal. (Richard J. Archer and Linda Ho, San Francisco, Cal., of counsel) and Boone, Schatzel, Hamrick & Knudsen, San Francisco, Cal. (Theodore W. Rosenak, San Francisco, Cal., of counsel) for plaintiff.

Morrison & Foerster, San Francisco, Cal. (Robert D. Raven, William Alsup, Kathleen V. Fisher and Ronald G. Carr, San Francisco, Cal., of counsel) for defendant, New York Life Insurance Company.

Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, Cal. (Craig H. Casebeer, San Francisco, Cal., of counsel) for defendant, the Mutual Life Insurance Company of New York.

MEMORANDUM OPINION GRANTING SUMMARY JUDGMENT AND DENYING MOTION TO AMEND

POOLE, District Judge.

This is a declaratory judgment action in which plaintiff Falstaff seeks a determination as to its obligations under several loan agreements with defendants New York Life Insurance Co. (NYL) and Mutual Insurance Co. of New York (MONY). The defendants have counterclaimed for the full amounts owing on the loans, alleging that Falstaff was in default. They now move...

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