D. L. STERN AGENCY v. MUTUAL BENEFIT HEALTH & ACC. ASS'N.


43 F.Supp. 167 (1941)

D. L. STERN AGENCY, Inc., et al. v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N.

District Court, S. D. New York.

October 31, 1941.


Attorney(s) appearing for the Case

Herbert Stein, of New York City, for plaintiffs.

Albert Hirst, of New York City, for defendant.


CONGER, District Judge.

Four motions have been made by the defendant: (1) to dismiss the complaint for failure to state a claim; (2) to strike certain matters from the complaint as redundant, etc.; (3) for a bill of particulars; (4) in the alternative to the bill, for leave to take the plaintiff's deposition before answer.

Although originally addressed to the entire complaint, the motion to dismiss as to the corporate plaintiff has been withdrawn, and is asserted...

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