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DiLALLO v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 69 Civ. 3480.

355 F.Supp. 519 (1973)

Marie DiLALLO and Nicholas DiLallo, Plaintiffs, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant.

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

January 10, 1973.

Attorney(s) appearing for the Case

Nathan Baker, Hoboken, N. J., for plaintiffs.

James M. Leonard, New York City, for defendant.

ROBERT L. CARTER, District Judge.

MEMORANDUM OPINION

Background

The present action is the third in a series of suits by the same plaintiffs against various defendants.

In 1962 Mr. and Mrs. DiLallo (inasmuch as they initiated all actions to be discussed, no confusion will result from merely designating them "plaintiffs"), residents of New Jersey, brought a diversity action in this Court against Gregorio Medina, a New York citizen...

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