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KUHN v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA

37 F.Supp. 102 (1941)

KUHN v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA et al.

District Court, S. D. New York.

January 23, 1941.

Attorney(s) appearing for the Case

Davidson & Davidson, of New York City (Louis B. Davidson, of New York City, of counsel), for plaintiff.

Katz & Sommerich, of New York City (Henry I. Fillman and Irving S. Freedman, both of New York City, of counsel), for defendants.

GODDARD, District Judge.

Defendants have moved the court for the following relief:

(1) For an order pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c (a) dismissing the first and second causes of action against the defendant, Pacific Mutual Life Insurance Company of California; (b) dismissing the second cause of action against the defendant, Pacific Mutual Life Insurance Company for failure to

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