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CLAUSS v. DANKER

No. 64 Civ. 2608.

264 F.Supp. 246 (1967)

Theodore A. CLAUSS, as Administrator of the Goods, Chattels and Credits which were of Beverly Ann Clauss, deceased, Plaintiff, v. Bertha M. DANKER and C & M Equipment Co., Defendant. C & M LEASING COMPANY, Third-Party Plaintiff, v. Theodore A. CLAUSS, Third-Party Defendant. Theodore A. CLAUSS, Fourth-Party Plaintiff, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Fourth-Party Defendant.

United States District Court S. D. New York.

January 31, 1967.

Attorney(s) appearing for the Case

Jerome Edelman, Brooklyn, N. Y., for plaintiff Theodore A. Clauss.

Hanner, Fitzmaurice & Onorato, New York City, for C & M Leasing Co. s/h/a C & M Equipment Co. and Employers Mut. Liability Ins. Co. of Wisconsin; James G. Barron, Jackson Heights, N. Y., of counsel.

Thomas V. Kingham, New York City, for defendant Bertha M. Danker; McLaughlin & Quinn, New York City, Trial Counsel; James A. Quinn, New York City, of counsel.

OPINION

MANSFIELD, District Judge.

Plaintiff, suing as an administrator in this wrongful death action,1 brings this motion pursuant to Rules 1, 26(b) and 33 of the Federal Rules of Civil Procedure seeking disclosure of particulars regarding the insurance coverage of defendants Bertha M. Danker and C & M Leasing Company (sued herein as "C & M Equipment Company"). There is no contention that the information, if disclosed...

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