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BOARD OF ED. CENT. SCH. DIST. NO. 2 v. AETNA CAS. & SUR. CO.

No. 24, Docket 35086.

453 F.2d 264 (1971)

The BOARD OF EDUCATION CENTRAL SCHOOL DISTRICT NO. 2 OF the TOWNS OF BEDFORD ET AL., Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY CO., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 15, 1971.

Attorney(s) appearing for the Case

Robert N. Shiverts, New York City (Louis E. Yavner, New York City, of counsel), for plaintiff-appellant.

David A. Trager, New York City (Max E. Greenberg and George N. Toplitz, New York City, Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky, New York City, of counsel), for defendant-appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal by the Board of Education Central School District No. 2, of the Towns of Bedford, New Castle, North Castle and Pound Ridge (the Board), from a judgment granting the Aetna Casualty and Surety Co.'s (Aetna) motion for summary judgment dismissing the complaint and denying the Board's cross-motion for summary judgment.

The sole issue on this appeal is whether the District Court was correct in stating that Aetna could not...

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