KAUFMAN v. PENN MUT. LIFE INS. CO.

No. 5616.

64 F.2d 160 (1933)

KAUFMAN v. PENN MUT. LIFE INS. CO.

Court of Appeals of the District of Columbia.

Decided March 6, 1933.

Petition for Rehearing Denied March 30, 1933.


Attorney(s) appearing for the Case

George E. Edelin and Theodore D. Peyser, both of Washington, D. C., for appellant.

Francis P. Sheehy and Vincent A. Sheehy, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.


MARTIN, Chief Justice.

This is an appeal from a summary judgment entered against the appellant as defendant below under the seventy-third rule of the lower court, upon the ground that the matters of defense set forth in the plea and affidavit of defendant were insufficient to defeat the plaintiff's claim. The validity of the seventy-third rule is established by the Supreme Court in Fidelity & Deposit Company v. United States, 187 U.S. 315

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