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CITY STORES COMPANY v. SUN INSURANCE COMPANY OF NEW YORK

No. 70 Civ. 2876.

357 F.Supp. 1113 (1972)

CITY STORES COMPANY, Plaintiff, v. SUN INSURANCE COMPANY OF NEW YORK, Defendant.

United States District Court, S. D. New York.

October 24, 1972.

Attorney(s) appearing for the Case

Darby, Healey, Stonebridge & Whelan, New York City, for plaintiff.

Bigham, Englar, Jones & Houston, New York City, for defendant; Donald F. Connors, George R. Daly, New York City, of counsel.

WYATT, District Judge.

This is a motion by plaintiff (City) for summary judgment in its favor. Fed.R.Civ.P. 56. After this motion was made, defendant (Sun) also moved for summary judgment in its favor.

The action is on an insurance policy entitled "Open Cargo Policy — Marine Only" issued by Sun to City.

Jurisdiction is said to be in this Court because it is "a case of admiralty and maritime jurisdiction" (complaint, para. 1). There is no diversity...

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