FILOR, BULLARD & SMYTH v. INSURANCE CO., ETC.

Nos. 567, 568, Dockets 77-7468, 77-7488.

605 F.2d 598 (1978)

FILOR, BULLARD & SMYTH, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 21, 1978.


Attorney(s) appearing for the Case

Lewis A. Kaplan, New York City (Richard Wasserman, and Paul, Weiss, Rifkind, Wharton & Garrison, New York City), for plaintiff-appellant.

Joseph A. Kilbourn, New York City (Bigham Englar Jones & Houston, New York City), for defendant-appellee.

Before LUMBARD, FEINBERG and TIMBERS, Circuit Judges.


TIMBERS, Circuit Judge:

These are consolidated appeals, pursuant to Fed.R.Civ.P. 54(b), from an order and judgment entered in the Southern District of New York, Lawrence W. Pierce, District Judge, which, respectively, denied cross-motions for summary judgment and, after a bench trial, dismissed on the merits one count of a four-count complaint in a diversity action brought by the insured, a broker-dealer member of the New York Stock Exchange, to recover $963...

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