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MAHARAN v. BERKSHIRE LIFE INS. CO.

No. 97-CV-823C.

110 F.Supp.2d 217 (2000)

Donna R. MAHARAN, Plaintiff, v. BERKSHIRE LIFE INSURANCE CO., Defendant.

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

August 21, 2000.

Attorney(s) appearing for the Case

Gross, Shuman, Brizdle & Gilfillan, P.C. (Robert J. Feldman, of counsel), Buffalo, NY, for plaintiff.

Damon & Morey, LLP (Thomas J. Drury, of counsel), Buffalo, NY, for defendant.

INTRODUCTION

CURTIN, District Judge.

Plaintiff commenced this action seeking to recover the proceeds of two life insurance policies under theories of Breach of Contract and Unjust Enrichment. Defendant moves to dismiss the complaint pursuant to Fed.R.Civ.P. 56. Items 14-16, 23. Plaintiff opposes defendant's motion and has filed her own cross-motion for a judgment in her favor. Items 18-21. Oral argument was heard on May 19, 2000.

BACKGROUND...

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