CONTINENTAL ASSURANCE COMPANY v. TUCKER


138 F.Supp. 242 (1955)

CONTINENTAL ASSURANCE COMPANY and Continental Casualty Company, Plaintiffs, v. Mamie TUCKER, Gussie Mae Cunningham, and Chloe Grant as Administratrix of the Estate of Fred Cunningham, deceased, Defendants.

United States District Court S. D. New York.

September 2, 1955.


Attorney(s) appearing for the Case

McCormick, McCormick & Dunne, New York City, for plaintiffs.

Milton T. Tingling, New York City, for defendant Mamie Tucker.

Murray Weiss, New York City, for defendant Chloe Grant as Administratrix of Estate of Fred Cunningham, deceased.


LUMBARD, Circuit Judge.

This is a motion by defendant Chloe Grant to dismiss plaintiff's interpleader suit on the ground that the complaint fails to state a claim upon which relief can be granted. An identical motion was made by this defendant in March of this year and was denied by Judge Murphy. Defendant argues that because Judge Murphy did not discuss in his short memorandum all the issues raised by that motion, we must now assume that he did not consider them...

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