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ROSEN v. FIDELITY AND CASUALTY CO. OF NEW YORK

Civ. A. 23381.

162 F.Supp. 211 (1958)

Sadie ROSEN v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK.

United States District Court E. D. Pennsylvania.

April 24, 1958.

Attorney(s) appearing for the Case

Abe J. Goldin, of Goldin & Goldin, Philadelphia, Pa., for plaintiff.

J. Welles Henderson, of Rawle & Henderson, Philadelphia, Pa., for defendant.

KIRKPATRICK, Chief Judge.

This is an action upon an airline trip insurance policy, and presently before the Court is a motion to dismiss the complaint for failure to state a cause of action. The facts stated in the complaint, together with the permissible inferences from them supporting the plaintiff's case, must be accepted as true. The case is as follows:

The plaintiff's husband, Joseph Rosen, was killed when the airplane in which he was riding crashed at...

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