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CONTINENTAL AMERICAN LIFE INS. CO. OF WILMINGTON, DEL., v. FRITSCHE

No. 1257.

37 F.Supp. 1 (1941)

CONTINENTAL AMERICAN LIFE INS. CO. OF WILMINGTON, DEL., v. FRITSCHE et al.

District Court, E. D. Pennsylvania.

February 26, 1941.

Attorney(s) appearing for the Case

J. S. Conwell and Joseph S. Conwell, Jr., both of Philadelphia, Pa., for plaintiffs.

Alfred L. Wolf and Wolf, Block, Schorr & Solis-Cohen, all of Philadelphia, Pa., for defendants.

BARD, District Judge.

This case is before the Court at this time on the defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Such a motion is proper under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c.

The plaintiff is a Delaware corporation, and the defendants are citizens of Pennsylvania. The complaint requests rescission and cancellation of three insurance...

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