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FRANKART DISTRIBUTORS, INC. v. FEDERAL INS. CO.

No. 82 Civ. 2511 (JES).

616 F.Supp. 589 (1985)

FRANKART DISTRIBUTORS, INC., Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendant.

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

August 22, 1985.

Attorney(s) appearing for the Case

Weg Myers & Jacobson, P.C., New York City (Ira M. Myers, New York City, of counsel), for plaintiff.

Acito & Klein, P.C., New York City (Elinore B. Klein, New York City, of counsel), for defendant.

OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff Frankart Distributors, Inc. ("Frankart") sues defendant Federal Insurance Company ("Federal") to recover attorneys' fees incurred by Frankart when Federal allegedly wrongfully refused to defend Frankart in a lawsuit. The action is before the Court on cross-motions for summary judgment.

The parties have stipulated to the material facts, which are as follows. Federal issued to Frankart a Commercial...

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