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PRUDENTIAL INS. CO. OF AMERICA v. GOLDSTEIN

Civ. No. 2310.

43 F.Supp. 765 (1942)

PRUDENTIAL INS. CO. OF AMERICA v. GOLDSTEIN.

District Court, E. D. New York.

February 5, 1942.

Attorney(s) appearing for the Case

Weit & Goldman, of New York City (Solon Weit and Merwin F. Levine, both of New York City, of counsel), for plaintiff.

Jay Leo Rothschild, of New York City (Jay Leo Rothschild and Walter S. Beck, both of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is an action for a declaratory judgment to determine the obligations of the insurer on a policy of life insurance written by it. There is no dispute as to the facts and the parties have stipulated that the issues be resolved on motions for summary judgment. Although the beneficiary, the defendant herein, originally resisted the use of an action for declaratory judgment, no objection is now raised. In any event there can be no doubt...

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