District Court, W.D. Pennsylvania March 11, 1971, Civ. A. No. 70-895 (Liberto v. Mutual Benefit Health & Accident Ass'n)

OPINION AND ORDER

MARSH, Chief Judge.

Plaintiff sued the defendant on a health and accident policy basing jurisdiction on diversity of citizenship and an amount in controversy in excess of $10,000.1

The defendant moved for judgment on the pleadings, but subsequently having filed an affidavit, the court treated the motion as one for summary judgment. Rule 12(c), Fed.R.Civ.P.