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LOEWER v. NEW YORK LIFE INS. CO.

No. 91-104-Civ-FtM-17D.

805 F.Supp. 956 (1992)

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

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

October 30, 1992.

Attorney(s) appearing for the Case

Raymond L. Bass, Jr., Bass & Chernoff, Naples, Fla., for plaintiff.

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

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT

KOVACHEVICH, District Judge.

This cause is before the Court on the motion of Defendant, New York Life Insurance Company's, for summary judgement pursuant to Rule 56, Fed.R.Civ.P.

This circuit clearly holds that summary judgement may only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence is viewed in the...

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