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THOMAS v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 177, Docket 23288.

220 F.2d 17 (1955)

Efthimi THOMAS, Plaintiff-Appellee, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 28, 1955.

Attorney(s) appearing for the Case

Alvin M. Stein, New York City (Gallop, Climenko & Gould, New York City, on the brief), for plaintiff-appellee.

Albert Hirst, New York City, for defendant-appellant.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and SMITH, District Judge.

PER CURIAM.

We agree with Judge Dawson's reading of the insurance contract. D.C.S.D. N.Y., 123 F.Supp. 167. Defendant belatedly suggests the existence of an issue of fact concerning plaintiff's denial of further insurance covering this loss other than that which she particularized in her affidavit. But the plaintiff's affidavit to the point is clear and precise. And the defendant, who...

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