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CONTOIS v. STATE MUT. LIFE ASSUR. CO.

No. 44C1202.

66 F.Supp. 76 (1945)

CONTOIS v. STATE MUT. LIFE ASSUR. CO. OF WORCHESTER, MASS.

District Court, N. D. Illinois, E. D.

March 14, 1945.

Attorney(s) appearing for the Case

Schnackenberg, Hansen & Towle, of Chicago, Ill., for plaintiff.

Defrees, Liske, O'Brien & Thomson, of Chicago, Ill., for defendant.

LA BUY, District Judge.

Defendant's motion to strike Count II of plaintiff's complaint.

Reference is made by plaintiff that under Federal Rules of Civil Procedure, rule 12(b), 28 U.S.C.A. following section 723c, defendant's motion to dismiss Count II of the complaint should have been made before defendant filed its answer. Plaintiff states "However, we shall not press the point that the motion to dismiss has been waived." Nevertheless the court feels that...

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