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FARRELL v. STODDARD

1 F.2d 802 (1924)

FARRELL v. STODDARD, Superintendent of Insurance of New York, et al.

District Court, N. D. New York.

September 27, 1924.

Attorney(s) appearing for the Case

Locke, Babcock, Spratt & Hollister, of Buffalo, N. Y. (Evan Hollister, of Buffalo, N. Y., of counsel), for plaintiff.

Carl Sherman, Atty. Gen., of New York, and Michael J. Montesano and Clarence C. Fowler, Deputy Attys. Gen. (Arthur E. Sutherland, of Rochester, N. Y., of counsel), for defendant Superintendent of Insurance.

Martin T. Nachtmann, of Albany, N. Y., for other defendants.

COOPER, District Judge.

This is a motion by the defendant superintendent of insurance of the state of New York, asking the federal court to decline jurisdiction of this suit on the ground of comity. The defendant superintendent of insurance will be called the defendant in this memorandum. This suit in certain phases has already engaged the attention of the Supreme Court of the state of New York and of the two appellate courts of the state, as well as of the federal...

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