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ST. PAUL FIRE & MARINE INS. v. PROTECTION MUT. INS.

No. 83 Civ. 8554 (MJL).

607 F.Supp. 388 (1985)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff, v. PROTECTION MUTUAL INSURANCE COMPANY, Defendant.

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

April 3, 1985.

Attorney(s) appearing for the Case

Greenhill, Speyer & Thurm by John M. Speyer, New York City, for plaintiff.

Rein, Mound & Cotton by Erica Bunin, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

LOWE, District Judge.

This is an action between two insurance companies which dispute liability for a building fire loss. The parties agree that there are no disputed material issues of fact and cross move for summary judgment. For the reasons stated below we deny summary judgment to plaintiff, we grant summary judgment to defendant and dismiss the action.

BACKGROUND

The dispute centers around commercial real...

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