Cataldo v. CNA Insurance Co.

USCA1 Opinion









June 2, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCIUT

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No. 95-1124

RALPH J. CATALDO,

Plaintiff, Appellant,

v.

CNA INSURANCE CO.,

Defendant, Appellee.


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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge] ___________________

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Before

Torruella, Chief Judge. ___________
Selya and Stahl, Circuit Judges. ______________

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Ralph J. Cataldo on brief pro se. ________________
Glenn H. Robinson, Thompson & Bowie on brief for appellee. _________________ ________________


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Per Curiam. We have read carefully the record in this __________

case and the briefs of the parties. We have considered the

various claims raised by appellant and find none to possess

merit. We affirm the grant of summary judgment to appellee,

essentially for the reasons given by the district court in

its memorandum and order, dated January 9, 1995.

Appellant's motion to "strike or vacate court order of

April 18, 1995," is denied as moot. While we agree with ______

appellee that the statements contained in appellant's

"notification of the creation of false and fictitious

evidence" were completely without foundation and were not

properly presented to this court, we do not deem it necessary

to grant appellee's motion to strike the "notification" as

the court has disregarded it in the consideration of this

case. See Fine v. Paramount Pictures, Inc., 171 F.2d 571, ___ ____ _______________________

575 (7th Cir. 1948).

Affirmed. ________