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RAPHAEL v. AETNA CAS. AND SUR. CO.

No. 90 Civ. 0938 (RPP).

744 F.Supp. 71 (1990)

Alan RAPHAEL, Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant.

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

September 4, 1990.

Attorney(s) appearing for the Case

Solinger Grosz & Goldwasser, P.C. by John C. Grosz, New York City, for plaintiff.

Feldman & Rudy by Stuart D. Markowitz, Roslyn Heights, N.Y., for defendant.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. (Craig A. Stewart, Asst. U.S. Atty., of counsel), New York City, for the Government.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiff sues for breach of an insurance contract involving an alleged car theft. Defendant now moves pursuant to Fed.R. Civ.P. 12(b)(6), 12(c) and 12(h)(2) to dismiss the complaint insofar as it seeks $500,000 in punitive damages and any attorney's fees. The Government has intervened requesting an order quashing the subpoenas served by plaintiff on the Federal Bureau of Investigation ("FBI") and...

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