Perlberg v. Northwestern Mut. Life Ins. Co.

BARD, District Judge.

Plaintiffs seek- a declaratory judgment under the Federal Declaratory Judgment- Act 1 to determine their rights under the extended automatic insurance clause of a life insurance policy and to obtain judicial construction thereof. The matter comes before the Court on pleadings and proof. Defendant offered no evidence at the conclusion of plaintiff’s case, but submitted a motion to dismiss under Rule 41 (b), Federal Rules of Civil Procedure, and, in the alternative, a motion for summary judgment under Rule 56(b), 28 U.S.C.A. following Section 723c. The cause will be…