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FINE v. BELLEFONTE UNDERWRITERS INS. CO.

No. 80 Civ. 3747 (RWS).

589 F.Supp. 438 (1984)

Martin FINE, William Becker and Philip Becker, individually, and William Becker and Philip Becker d/b/a Becker & Becker, all doing business as 649 Broadway Equities Co., Plaintiffs, v. BELLEFONTE UNDERWRITERS INSURANCE CO., Citibank, N.A., and Johana Zuckerman, Defendants.

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

June 15, 1984.

Attorney(s) appearing for the Case

Weg & Myers, P.C., and Brown & Seymour, New York City, for plaintiffs; Frank A. Weg, Dennis T. D'Antonio, Whitney North Seymour, Jr., New York City, of counsel.

Whitman & Ransom, New York City, for defendant Bellefonte Underwriters Ins. Co.; Herbert P. Polk, Robert S. Newman, New York City, of counsel.

OPINION

SWEET, District Judge.

The January 3, 1984 opinion of the Court of Appeals reversed this court's judgment and remanded the case "with instructions to enter judgment for the defendant." The mandate was filed in the district court on May 7, 1984.

Plaintiffs have moved under Rule 59 and Rule 60(b)(1) and (6), Fed.R.Civ.P., to set aside the judgment and for a new trial, contending that this court should hold a new trial on the issue of the insured...

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