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STUYVESANT INSURANCE COMPANY v. KELLY

No. 29, Docket 30683.

382 F.2d 991 (1967)

The STUYVESANT INSURANCE COMPANY, Plaintiff-Appellee, v. Audrey R. KELLY, Commissioner of Insurance of the Commonwealth of Pennsylvania, Defendant-Appellant, and Dean Construction Company, Inc., and The New Atlantic Beach Hotel and Cabana Club, Inc., Defendants-Appellees, and Helen T. Johnson, as Administratrix of the Estate of Alma W. Taylor, deceased, Hilda Berg, Sidney Berg, Frank L. Newburger, Jr., and Dorothy E. Newburger, Defendants.

United States Court of Appeals Second Circuit.

Decided October 3, 1967.

Attorney(s) appearing for the Case

David A. Ticktin, New York City (Ticktin & Bleich, New York City, on the brief), for plaintiff-appellee.

Richard Rodwin, New York City (Rodwin, Rodwin & Gelin, New York City, on the brief), for defendant-appellant.

Leo Fixler, New York City, for defendants-appellees.

Before LUMBARD, Chief Judge, WATERMAN and FEINBERG, Circuit Judges.

PER CURIAM:

Audrey R. Kelly, Commissioner of Insurance of the Commonwealth of Pennsylvania, appeals from an order of the District Court for the Southern District of New York granting summary judgment in favor of Dean Construction Company, Inc. and The New Atlantic Beach Hotel and Cabana Club, Inc., Stuyvesant v. Dean Construction Co., 254 F.Supp. 102 (S.D.N.Y.1966).

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