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PINE VIEW GARDENS, INC. v. MUTUAL OF OMAHA INSURANCE CO.

No. 71-1010.

485 F.2d 1073 (1973)

PINE VIEW GARDENS, INC., Appellant, v. MUTUAL OF OMAHA INSURANCE CO.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Marshall H. Brooks, Washington, D. C., for appellant. Mark P. Friedlander, Washington, D. C., was on the brief for appellant.

Walter H. Fleischer, Atty., Dept. of Justice, with whom L. Patrick Gray, III, Asst. Atty. Gen., at the time the brief was filed, Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Patricia S. Baptiste, Atty., Dept. of Justice, were on the brief for appellee. Morton Hollander, Atty., Dept. of Justice, also entered an appearance for appellee.

Before TAMM and LEVENTHAL, Circuit Judges, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.

WYZANSKI, Senior District Judge:

Plaintiff, Pine View Gardens Inc., appeals from the District Court's dismissal, presumably on the ground that it fails to state a cause of action, of a complaint against defendant, the Mutual of Omaha Insurance Company.

The abbreviated complaint, without so much as indicating the assumed basis of the District Court's jurisdiction, tells us merely that the parties are, respectively, corporations of Maryland and the District...

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