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JOHN G. LAMBROS CO. v. AETNA C. & S. CO.

No. 78 Civ. 2987.

468 F.Supp. 624 (1979)

JOHN G. LAMBROS CO., INC., Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant.

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

March 28, 1979.

Attorney(s) appearing for the Case

S. Robert Lee, New York City, for plaintiff.

Hendler & Murray, New York City, for defendant; Monroe Weiss, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, John G. Lambros Co., Inc., an insurance broker, commenced this action against defendant, Aetna Casualty and Surety Company ("Aetna"), to recover the sum of $85,000 allegedly due plaintiff from Capay Painting Corp. ("Capay") and Town Hall Contracting Corp. ("Town Hall"). The defendant moves to dismiss the complaint pursuant to Rule 12(b)(6) & (c) of the Federal Rules of Civil Procedure and has submitted...

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