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NATIONAL SCREEN SERV. CORP. v. UNITED STATES FIDELITY & G. CO.

No. 425, Docket 29674.

364 F.2d 275 (1966)

NATIONAL SCREEN SERVICE CORPORATION, Plaintiff-Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 3, 1966.

Attorney(s) appearing for the Case

Walter S. Beck, New York City (Phillips, Nizer, Benjamin, Krim & Ballon and Theodore H. Friedman, New York City, on the brief), for plaintiff-appellee.

James M. Gilleran, New York City (John J. O'Connor, New York City, on the brief), for defendant-appellant.

Before HAYS, ANDERSON and FEINBERG, Circuit Judges.

ANDERSON, Circuit Judge.

National Screen Service Corporation, the insured, commenced the present action on an insurance policy in the Supreme Court of New York seeking recovery against United States Fidelity and Guaranty Company, the insurer, for refusing to defend and pay various claims asserted by third parties against National. The suit was removed to the District Court for the Southern District of New York, on the basis of diversity, pursuant to 28 U.S.C. §...

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