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DURHAM INDUSTRIES, INC. v. NORTH RIVER INS. CO.

No. 79 Civ. 1705 (RWS).

482 F.Supp. 910 (1979)

DURHAM INDUSTRIES, INC., Plaintiff, v. The NORTH RIVER INSURANCE COMPANY, Defendant.

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

December 11, 1979.

Attorney(s) appearing for the Case

Lawrence Lauer, New York City, for plaintiff.

Newman & Schlau, P. C., New York City, for defendant.

OPINION

SWEET, District Judge.

In this action to recover damages for abuse of process and prima facie tort, Durham Industries, Inc. ("Durham") has moved for an order dismissing the four affirmative defenses raised by defendant North River Insurance Company ("North River"). Defendant has responded with a motion for summary judgment pursuant to Fed.R. Civ.P. 56.

The circumstances leading up to this action arose out of an agreement between the...

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