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MAYER v. NORTHERN LIFE INS. CO.

No. 32853.

119 F.Supp. 536 (1953)

MAYER v. NORTHERN LIFE INS. CO.

United States District Court, N. D. California, S. D.

December 3, 1953.

Attorney(s) appearing for the Case

Ashe & Pinney, San Francisco, Cal., for plaintiff.

Knight, Boland & Riordan, San Francisco, Cal., for defendant.

OLIVER J. CARTER, District Judge.

This case is before the Court on defendant's motion to dismiss the first amended complaint. The complaint is in two counts, and the motion to dismiss challenges the sufficiency of both counts to state a claim upon which relief could be granted. Heretofore the Court dismissed the complaint for failure to plead fraud with particularity as required by Rule 9(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The amendment to the...

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