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ALI v. FEDERAL INS. CO.

Docket No. 11-5000-cv.

719 F.3d 83 (2013)

Mehdi ALI, The Estate of Alexander M. Haig, Jr., The Estate of Ralph Seligman, Burton Winberg, J. Edward Goff, The Estate of Irving Gould, Appellants, v. FEDERAL INSURANCE COMPANY, Travelers Casualty and Surety Company of America, Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 4, 2013.

Attorney(s) appearing for the Case

Finley T. Harckham ( Rene F. Hertzog , on the brief), Anderson Kill & Olick, P.C., New York, NY, for Appellants.

Joseph G. Finnerty, III ( Rachel V. Stevens , on the brief), DLA Piper LLP (US), New York, NY, for Appellee Federal Insurance Company.

James T. Sandnes ( James A. Skarzynski , Tammy Yuen , on the brief), Boundas, Skarzynski, Walsh & Black, LLC, New York, NY, for Appellee Travelers Casualty and Surety Company of America.

Before: CABRANES, CHIN and CARNEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

This insurance case raises two issues. First, we consider our appellate jurisdiction. Although we usually may not review voluntary dismissals of claims or denials of motions for summary judgment, this case presents the unusual situation in which we are asked to review the voluntary dismissal of a claim following the denial of a motion for summary judgment. Our review is appropriate in these circumstances because (1) the United...

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