Equitable Life Assur. Soc. of United States v. Kit

KIRKPATRICK, District Judge.

When this case was before the Court upon a statutory demurrer, an opinion was filed, D.C., 26 F.Supp. 880, in which the question involved was discussed rather fully, and that opinion may be referred to in connection with what is said here. A ruling upon the question raised by the demurrer (which is still the only question in the case) was deferred because the case appeared to be one in which the circumstances ought to be fully developed by testimony. As a matter of fact, the testimony really produced nothing of importance which had not been before the Court on the…