THOMAS v. MUTUAL BENEFIT & ACC. ASS'N


123 F.Supp. 167 (1954)

THOMAS v. MUTUAL BENEFIT HEALTH & ACC. ASS'N.

United States District Court S. D. New York.

August 16, 1954.


Attorney(s) appearing for the Case

Gallop Climenko & Gould, New York City, for plaintiff; Alvin M. Stein, New York City, of counsel.

Albert Hirst, New York City, for defendant.


DAWSON, District Judge.

This is a motion for summary judgment. The action was commenced in the City Court of the City of New York, and removed to this Court by the defendant.

It appears from the papers submitted on the motion that the following material facts exist without substantial controversy:

1. On or about March 19, 1943, the defendant (hereinafter called the "insurance company") issued to the late husband of the plaintiff a certain health and...

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