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EMONS INDUSTRIES, INC. v. LIBERTY MUT. FIRE INS. CO.

No. 75 Civ. 3227 (KTD).

481 F.Supp. 1022 (1979)

EMONS INDUSTRIES, INC., Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY and Reserve Insurance Company, Defendants.

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

Amended Opinion December 28, 1979.

Attorney(s) appearing for the Case

Greenberg, Irwin, Pellman & Slade, New York City, for plaintiff; Frederick R. Biehl, John F. Triggs, New York City, of counsel.

Townley & Updike, New York City, for defendants Liberty Mutual Fire Ins. Co. and Liberty Mut. Ins. Co.; Philip D. Pakula, Harry H. Wise III, New York City, of counsel.

Gillen, Turk & Caliendo, New York City, for defendant Reserve Ins. Co.; Charles P. Caliendo, Martin V. Martinelli, New York City, of counsel.

Anderson, Russell, Kill & Olick, P. C., New York City, for Keene Corp., amicus curiae; Eugene R. Anderson, Jerold Oshinsky, R. Mark Keenan, Sherry Gilbert, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

This action was commenced by Emons Industries, Inc. [hereinafter referred to as "Emons"] against Liberty Mutual Fire Insurance Company [hereinafter referred to as "Liberty"] and Reserve Insurance Company [hereinafter referred to as "Reserve"]. The amended complaint charges Liberty and Reserve with having breached their respective contractual obligations to defend and indemnify Emons against product liability arising...

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