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METTLER v. PHOENIX ASSUR. CO., LTD., OF LONDON

Civ. No. 12591.

107 F.Supp. 194 (1952)

METTLER v. PHOENIX ASSUR. CO., LTD., OF LONDON.

United States District Court, E. D. New York.

September 23, 1952.

Attorney(s) appearing for the Case

Michael I. Winter, Brooklyn, for plaintiff. Sidney Braverman, Brooklyn, of counsel.

Hill, Rivkins & Middleton, New York City, for defendant. Gregory S. Rivkins, Joseph T. McGowan, New York City, of counsel.

GALSTON, District Judge.

This is a motion by the plaintiff for an order striking the answer of the defendant upon the ground that it is sham and frivolous, and for an order directing summary judgment in plaintiff's favor.

The complaint alleges that the plaintiff, as owner of a vessel named the Reinecke, in consideration of a premium paid to the defendant, received a policy of insurance from the defendant in the sum of $15,000 on the Reinecke, "against the...

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