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HARRIS TRUST & SAV. BANK v. JOHN HANCOCK MUT. LIFE

No. 83 Civ. 5401 (RPP).

767 F.Supp. 1269 (1991)

HARRIS TRUST & SAVINGS BANK, as Trustee of the Sperry Master Retirement Trust No. 2, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Third-Party Plaintiff, v. CHASE MANHATTAN BANK, N.A., Counterclaim Defendant, and Sperry Corporation and the Retirement Committee of Sperry Corporation, Third-Party Defendants.

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

As Amended August 6, 1991.

Attorney(s) appearing for the Case

Anderson Kill Olick and Oshinsky, P.C., New York City by Lawrence A. Kill, for plaintiff Harris Trust and Sav. Bank.

Reboul, MacMurray, Hewitt, Maynard and Kristol, New York City by Howard G. Kristol, for defendant and third-party plaintiff John Hancock Mut. Life Ins. Co.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant John Hancock Mutual Life Insurance Company ("Hancock") moves pursuant to Rule 56 of the Federal Rules of Civil Procedure and the Agreed Statement of Facts stipulated by the parties on November 23, 1988 (hereinafter "A.S.F. ¶ —") to dismiss the remaining claims of plaintiff's amended complaint. By its opinion and order dated September...

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