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DUGGAN v. MASSACHUSETTS MUT. LIFE INS. CO.

Civ. A. No. 89-4032-S.

736 F.Supp. 1072 (1990)

Joan H. DUGGAN, individually, as heir at law of John M. Duggan, and as executrix of the Estate of John M. Duggan, Plaintiff, v. MASSACHUSETTS MUTUAL LIFE INSURANCE CO., and Richard D. Rooney, Defendants.

United States District Court, D. Kansas.

April 17, 1990.

Attorney(s) appearing for the Case

Thomas E. Wright, Davis, Wright, Unrein, Hummer & McCallister, Topeka, Kan., for plaintiff.

Charles R. Hay, Goodell, Stratton, Edmonds & Palmer, Frank Eschmann, Ascough, Eschmann, Oyler, P.A., Topeka, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiff's motion for summary judgment against defendant Massachusetts Mutual Life Insurance Company (hereafter referred to as "Massachusetts Mutual"). Because plaintiff is not seeking summary judgment against defendant Richard D. Rooney, the court will consider plaintiff's motion as a motion for partial summary judgment under Rule 56 of the Federal Rules of Civil Procedure...

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