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MUTUAL LIFE INS. CO. OF NEW YORK v. PATTERSON

No. 2075.

17 F.Supp. 416 (1936)

MUTUAL LIFE INS. CO. OF NEW YORK v. PATTERSON et al.

District Court, W. D. New York.

December 23, 1936.

Attorney(s) appearing for the Case

Dwyer, Reilly, Roberts, McLouth & Dicker, of Rochester, N. Y. (David H. Shearer, of Rochester, N. Y., of counsel), for plaintiff.

Vedo M. Candiello, of Hornell, N. Y., for defendant Grace Patterson.

James W. Cullen, of Sayre, Pa., for defendants Donald and Ethel Holcomb.

RIPPEY, District Judge.

This case has previously been before me and was disposed of on July 30, 1936. (D.C.) 15 F.Supp. 759. It is now brought on on motion under rules 113 and 114 of the Rules of Civil Practice of the state of New York for summary judgment for the defendant Grace Patterson. That motion cannot be granted if there is a question of fact remaining for determination by a jury.

Defendant asserts that there is...

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