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MASSACHUSETTS MUT. LIFE INS. CO. v. WEINBACH

No. 85 Civ. 4439 (EW).

635 F.Supp. 1460 (1986)

MASSACHUSETTS MUTUAL LIFE INSURANCE CO., Plaintiff, v. Morris J. WEINBACH, Defendant, v. Richard STITZEL, Third-Party Defendant.

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

June 14, 1986.

Attorney(s) appearing for the Case

Lane & Mittendorf, New York City, for plaintiff.

Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, New York City, for defendant and third-party plaintiff; Joseph S. Rosenthal, Jeffrey P. Englander, Marcie S. Mintz, of counsel.

D'Amato & Lynch, New York City, for third-party defendant; Elizabeth P. Shay, of counsel.

EDWARD WEINFELD, District Judge.

Plaintiff Massachusetts Mutual Life Insurance ("MMLI"), a Massachusetts corporation, sues Morris J. Weinbach, a New York resident and licensed insurance broker doing business under a brokerage contract with MMLI, for making false statements regarding the eligibility of prospective members of a group insurance plan and of receiving and converting to his own use excess commissions under that plan. In particular, MMLI alleges that Weinbach...

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