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GREAT AM. INS. CO. v. UNITED STATES

No. 734, Docket 77-6201.

575 F.2d 1031 (1978)

GREAT AMERICAN INSURANCE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 21, 1978.

Attorney(s) appearing for the Case

Lawrence S. Greengrass, New York City (Rein, Mound & Cotton, New York City, Arthur N. Brook, New York City, of counsel), for plaintiff-appellant.

Elaine C. Buck, Asst. U. S. Atty., Brooklyn, N.Y. (David G. Trager, U. S. Atty., E. D. N.Y., Mary McGowan Davis, Asst. U. S. Atty., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before GEWIN, and MULLIGAN, Circuit Judges, and MILLER, Judge.

MULLIGAN, Circuit Judge:

This appeal involves an issue of law apparently never litigated in this circuit and although its resolution is not difficult, its novelty and importance require discussion. The facts are not in issue. The appellant Great American Insurance Company (Great American) issued a New York State Standard Fire Insurance Policy1 upon premises in West Hempstead, New York protecting the interests of its named insureds, the...

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