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WILKER BROS. CO., INC. v. LUMBERMANS MUT. CAS. CO.

No. 80 Civ. 6218-CLB.

529 F.Supp. 113 (1981)

WILKER BROTHERS COMPANY, INC., Plaintiff, v. LUMBERMANS MUTUAL CASUALTY COMPANY, Defendant.

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

October 26, 1981.

Attorney(s) appearing for the Case

Tell, Cheser, Breitbart & Lefkowitz, New York City, for plaintiff; Leslie Kirsch, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant; Donald F. Connors and Donald T. Rave, Jr., New York City, of counsel.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Plaintiff in this diversity action seeks to recover the sum of $107,421.30 under a policy of insurance for loss of 1,990 dozen pairs of pajamas, in Nicaragua. Under circumstances detailed below, both parties seek summary judgment.

Plaintiff (hereinafter sometimes "Wilker") is a New York corporation which was engaged in the importation of pajamas to the United States, manufactured wholly or partly at the...

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