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MERCHANTS NAT'L BANK v. FIDELITY MUT. LIFE INS.

No. 329.

69 Pa. D. & C. 2d 449 (1974)

Merchants National Bank of Allentown v. Fidelity Mutual Life Ins. Co.

Common Pleas Court of Lehigh County, Pennsylvania.

October 29, 1974.

Attorney(s) appearing for the Case

Frederick N. Nabhan, of Nabhan & Nabhan, for plaintiff.

Richard F. Stevens, of Butz, Hudders & Tallman, for defendant.

WIEAND, J., October 29, 1974.

Without regard for procedural regularity, the parties to this action in assumpsit have requested the court to determine preliminarily the validity of the defense pleaded as new matter in defendant's answer. The vehicle chosen to obtain such a determination is plaintiff's "Motion for Partial Summary Judgment re: Defendant's New Matter." In order to induce the court to act on such motion, the parties have submitted an agreed statement...

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