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MASSACHUSETTS MUT. LIFE INS. CO. v. O'BRIEN

No. 90-3297.

841 F.Supp. 861 (1994)

MASSACHUSETTS MUTUAL LIFE INSURANCE CO., Plaintiff, v. Patricia O'BRIEN and Colleen C. O'Brien, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

January 26, 1994.

Attorney(s) appearing for the Case

David B. Mueller, Timothy J. Cassiday, Peoria, IL, for plaintiff.

George J. Lewis, Mark A. Drummond, Quincy, IL, for defendants.

OPINION

RICHARD MILLS, District Judge:

This cause is before the Court on remand and the Plaintiff's motions to dismiss the Defendants' counterclaims and affirmative defenses.

Defendants are the beneficiaries of a life insurance policy issued by the Plaintiff on the life of Sean P. O'Brien, the insured. Mr. O'Brien had suffered from cancer in the form of Hodgkin's Disease when he applied for a policy with the Plaintiff's agent, Janell Farmer...

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