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EXIM MORTG. BANKING CORP. v. WITT

Civil Action No. 3-97-CV-01625(JCH).

16 F.Supp.2d 174 (1998)

EXIM MORTGAGE BANKING CORP., Plaintiff, v. James L. WITT, Director of the Federal Emergency Management Agency and National Flood Insurance Program, Defendant.

United States District Court, D. Connecticut.

February 26, 1998.

Attorney(s) appearing for the Case

Seth J. Arnowitz, Law Offices of Frank Peluso, P.C., Stamford, CT, for Plaintiff.

Thomas V. Daily, U.S. Attorney's Office, Hartford, CT, for Defendant.

RULING ON MOTION TO DISMISS

HALL, District Judge.

In this suit, plaintiff Exim Mortgage Banking Corp. seeks to recover for flood damages under an insurance policy with the Federal Emergency Management Agency (FEMA). On the basis of plaintiff's failure to file a sworn proof of loss within 60 days of the date of the loss, the defendant filed a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) or for failure to state a claim...

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