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SMITH v. FIDELITY MUT. LIFE INS. CO.

No. 77 Civ. 2536 (CHT).

444 F.Supp. 594 (1978)

John Anthony SMITH, Plaintiff, v. The FIDELITY MUTUAL LIFE INSURANCE COMPANY, Richard H. Hollenberg, G. Glay Von Seldenick and Roy D. Kent, Defendants.

United States District Court, S. D. New York.

January 31, 1978.

Attorney(s) appearing for the Case

Turk, Marsh, Kelly & Hoare, New York City, for plaintiff; John Anthony Smith, Joseph P. Giasi, Jr., New York City, of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for defendants; Thomas C. Morrison, Gene M. Bauer, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

In the aftermath of a ten-year litigational history, the plaintiff, John Anthony Smith ("Smith"), an attorney, is suing defendants The Fidelity Mutual Life Insurance Company ("Fidelity") and Richard H. Hollenberg, G. Clay Von Seldenick and Roy D. Kent ("the individual defendants") on three counts. The action is before this Court on diversity grounds. Smith charges Fidelity with commission of prima facie tort; in the alternative...

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