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LOEWER v. NEW YORK LIFE INS. CO.

No. 91-104-CIV-FTM-17(D).

773 F.Supp. 1518 (1991)

Irene S. LOEWER, Plaintiff, v. NEW YORK LIFE INSURANCE COMPANY, Defendant.

United States District Court, M.D. Florida, Fort Myers Division.

September 20, 1991.

Attorney(s) appearing for the Case

Phillip A. Roach, Bass & Chernoff, Naples, Fla., for plaintiff.

Sherryll Martens Dunaj, Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Miami, Fla., for defendant.

KOVACHEVICH, District Judge.

ORDER ON MOTION TO DISMISS

THIS CAUSE is before the Court on Defendant's Motion to Dismiss the claim of Plaintiff, IRENE S. LOEWER, filed May 24, 1991. Memoranda in support of the motion were filed May 24, 1991, and June 12, 1991. Memoranda in opposition were filed June 7, 1991, and July 19, 1991.

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that Plaintiff can prove no...

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