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SIMMONS v. CONTINENTAL CASUALTY COMPANY

Civ. No. 1161 L.

285 F.Supp. 997 (1968)

Robert Glenmore SIMMONS and Gladyce W. Simmons, Plaintiffs, v. CONTINENTAL CASUALTY COMPANY, a Corporation, Defendant.

United States District Court D. Nebraska.

June 24, 1968.

Attorney(s) appearing for the Case

Robert G. Simmons, Jr. and James R. Hancock, Scottsbluff, Neb., for plaintiffs.

C. C. Fraizer and T. J. Fraizer, Lincoln, Neb., for defendant.

MEMORANDUM.

HANSON, District Judge.

These rulings are predicated upon the plaintiffs' motion for summary judgment and upon what is denominated as a motion for judgment on the pleadings filed by the defendant.

For the purposes of this submission, the defendant's motion for judgment on the pleadings will be considered as a motion for summary judgment as matters outside the pleadings have been presented to the Court. See 3 Barron and Holtzoff, Federal...

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