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EAST HAMPTON DEWITT CORP. v. STATE FARM MUT. A. INS. CO.

Nos. 70-74, Dockets 73-1202, 73-1203, 73-1438, 73-1439, 73-1593.

490 F.2d 1234 (1973)

EAST HAMPTON DEWITT CORPORATION and General Accident Fire & Life Assurance Corporation, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/k/a State Farm Insurance Companies, Defendant-Appellee-Appellant. WARNER NATIONAL, INC., and Utica Mutual Insurance Company, Plaintiffs-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/k/a State Farm Insurance Companies, Defendant-Appellant. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. Maurice L. ROSEN et al., Third-Party Defendants-Appellees. STATE FARM INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. EAST HAMPTON DEWITT CORPORATION et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 28, 1973.

Attorney(s) appearing for the Case

William S. Andrews, Syracuse, N. Y. (Bogart & Andrews, Syracuse, N. Y. of counsel), for plaintiffs-appellants.

John C. Setright, Syracuse, N. Y. (Jerrold P. O'Brien, and Oot, Greene, Setright, Hershdorfer & Sharpe, Syracuse, N. Y., of counsel), for defendant-appellee-appellant.

Before WATERMAN, FRIENDLY and TIMBERS, Circuit Judges.

FRIENDLY, Circuit Judge:

We owe these appeals, raising difficult issues of New York tort law for which no precise New York precedents have been cited, to the circumstance that defendant State Farm Insurance Companies (State Farm) is an Illinois corporation having its principal place of business in that state, whereas the plaintiffs East Hampton Dewitt Corporation (East Hampton) and Warner National, Inc. (Warner) are New York corporations with their principal offices...

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