Bethlehem Steel Co. v. Continental Casualty Co.

VAN DUSEN, District Judge.

The facts which give rise to this motion are stated in the comments attached to the order of November 19, 1958, 208 F.Supp. 354 (Document No. 5 in Clerk’s file). By that order, defendant’s first Motion for Judgment on the Pleadings was granted on the ground that the Complaint did not show that defendant was notified in writing of the accident, in accordance with the conditions of the policy. Plaintiff was given leave to amend paragraph 22 of its Complaint to cure this deficiency, if possible. On December 18, plaintiff filed an Amended Complaint, alleging in paragraph…