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MUTUAL BEN. LIFE INS. CO. v. LINDENMAN

Civil Action No. CV-93-0315 (DGT).

911 F.Supp. 619 (1995)

MUTUAL BENEFIT LIFE INSURANCE CO., In Rehabilitation Successor to Mutual Benefit Life Insurance Co. of Newark, N.J., Plaintiff, v. Bruce D. LINDENMAN, Defendant.

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

December 28, 1995.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin Krim & Ballon, New York City, for Plaintiff.

White, Quinlan, Staley & Ledwith, Garden City, NY, for Defendant.

MEMORANDUM AND ORDER

TRAGER, District Judge:

This is an action for a declaratory judgment pursuant to 28 U.S.C. §§ 2201-2202 to determine the rights and liabilities under a contract of disability income insurance and to recover benefits alleged to have been improperly received by the defendant, Bruce D. Lindenman. Before the court are plaintiff's, Mutual Benefit Life Insurance's (MBL), motion for summary judgment and defendant's, Bruce D...

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