Legal Opinion
Simmons v. Continental Casualty Company
District Court, D. Nebraska
Decided June 24, 1968No. Civ. 1161 LPublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM.
HANSON, District Judge.
These rulings are predicated upon the plaintiffs’ motion for summary judgment and upon what is denominated as a motion for judgment on the pleadings filed by the defendant.
For the purposes of this submission, the defendant’s motion for judgment on the pleadings will be considered as a motion for summary judgment as matters outside the pleadings have been presented to the Court. See 3 Barron and Holtzoff, Federal Practice and Procedure, Section 1240 (1958 ed.).
This action was commenced by plaintiffs to recover insurance benefits allegedly due under a…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Travelers Insurance Co. v. EvistonIndiana Court of Appeals · 1941
- Spence v. Washington National InsuranceAppellate Court of Illinois · 1943
- Jennings v. Bituminous Casualty Corp.Appellate Court of Illinois · 1964
- Retail Clerks Welfare Fund, Local No. 1049 v. Cont'l Cas.New Jersey Superior Court Appellate Division · 1961
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Simms v. Metropolitan Life InsuranceCourt of Appeals of Kansas · 1984
- Insurance Co. of North America v. National Steel Service Center, Inc.District Court, N.D. West Virginia · 1975
- Insurance Co. of North America v. AufenkampCourt of Appeals of Maryland · 1981
- Robert Glenmore Simmons and Gladyce W. Simmons v. Continental Casualty Company, a CorporationCourt of Appeals for the Eighth Circuit · 1969
- Gudnason v. Life Insurance Co. of North AmericaSupreme Court of Virginia · 1986
8 more not listed; retrieve them via the Exa API.