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NORTHWESTERN MUT. LIFE INS. CO. v. WENDER

No. 95 Civ. 10222 (DAB).

940 F.Supp. 62 (1996)

The NORTHWESTERN MUTUAL LIFE INSURANCE CO., Plaintiff, v. Richard WENDER, Defendant.

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

September 17, 1996.

Attorney(s) appearing for the Case

Schnader Harrison Segal & Lewis, New York City (Peter Jason, Edward W. Ferruggia, of counsel), for plaintiff.

Bickford & Hahn L.L.P., New York City (Richard E. Hahn, of counsel), for defendant.

BATTS, District Judge.

Plaintiff brings this action for a declaration that the Defendant is not disabled; and accordingly, that Plaintiff is not obligated to pay disability benefits. Plaintiff moves to dismiss Defendant's counterclaims and strike paragraph 68 of the Answer.

I. BACKGROUND

Plaintiff is incorporated, and has its principal place of business in Wisconsin. (Answer ¶ 28.) Defendant is a...

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