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

No. 19.

31 F.Supp. 123 (1940)

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

District Court, S. D. Iowa, S. D.

January 11, 1940.

Attorney(s) appearing for the Case

Gamble, Read, Howland & Rosenfield, of Des Moines, Iowa, for plaintiff.

L. H. Mattox and Earl C. Fishbaugh, Jr., both of Shenandoah, Iowa, for defendant.

DEWEY, District Judge.

This action came on for hearing on January 9, 1940, at Creston, Iowa, on the motion filed by the defendant to dismiss plaintiff's petition.

By an amendment to the motion the defendant claims that the petition fails to state a claim against the defendant upon which relief can be granted, but by permission of the court the plaintiff has filed an amendment which cures the defect complained of, and by agreement of the parties the motion...

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