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ALBANY INS. CO. v. ESSES

No. 955, 86-7968.

831 F.2d 41 (1987)

ALBANY INSURANCE COMPANY, Plaintiff-Appellant, v. Harry ESSES, Shoe Tastics, Inc., Republic National Bank of New York, Bush Terminal Associates, Harry B. Helmsley, Lawrence A. Wien, Irving Schneider, Dr. William Sherpick, Industry City Associates, Appleman Oil Corporation, Lois Zenker, Estate Associates, Jone Conner, Peter Malkin, Phillis Gelfman, Trustee for Lisa Gelfman, Phillis T. Gelfman, Second Trustee for Peter T. Gelfman, Helmsley-Spear, Inc., and A.P.A. Warehouses, Division of Sea-Jet Trucking & A.P.A. Warehouses, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 15, 1987.

Attorney(s) appearing for the Case

Nicholas P. Giuliano, New York City (Louis P. Sheinbaum, Stephen C. Kimmel, Waesche, Sheinbaum & O'Regan, New York City, of counsel), for plaintiff-appellant.

Mark D. Lebow, New York City (Wendy L. Addiss, Coudert Brothers, New York City, of counsel), for defendants-appellees Harry Esses & Shoe Tastics, Inc.

John Hartje, New York City (Ingrid R. Sausjord, Kronish, Lieb, Weiner & Hellman, New York City, of counsel), for defendant-appellee Republic Nat. Bank of New York.

(Lewis I. Wolf, Smith, Mazure, Director & Wilkens, New York City, of counsel), for remaining defendants-appellees.

Before TIMBERS, KEARSE, and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Henry Bramwell, Judge, dismissing the amended complaint of appellant Albany Insurance Company ("Albany") pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure for failure to state a claim and for lack of subject matter jurisdiction. The district court dismissed appellant's civil claim which alleged that...

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