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GLADSTONE v. FIREMAN'S FUND INS. CO.

No. 433, Docket 75-7435.

536 F.2d 1403 (1976)

Murray GLADSTONE, Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 17, 1976.

Attorney(s) appearing for the Case

Bernard J. Jaffe, New York City (Leo M. Laurance, New York City, of counsel), for plaintiff-appellant.

James M. Hughes, New York City (Paul H. Murphy, Bigham Englar Jones & Houston, New York City, of counsel), for defendant-appellee.

Before MOORE, OAKES and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiff Murray Gladstone appeals from an order of the United States District Court for the Southern District of New York, Henry F. Werker, Judge, which granted the defendant Fireman's Fund Insurance Company's ("Fireman's Fund") motion for summary judgment in an action based upon a contract of insurance; federal jurisdiction rests on the parties' diversity of citizenship. Because there is...

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