JOHNSON, District Judge.
This cause is now submitted upon the motion of the defendant, the Equitable Life Assurance Society of the United States, filed in this cause on April 10, 1959, seeking to have this Court enter, pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., a summary judgment in defendant's favor declaring and decreeing that plaintiff is not entitled to the relief sought, nor a judgment against this defendant, and dismissing plaintiff...
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