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EAD METALLURGICAL, INC. v. AETNA CAS. & SUR. CO.

Civ. No. 86-1027E.

701 F.Supp. 399 (1988)

EAD METALLURGICAL, INC., E. Lee Walker, Norman F. Ernst, Jr., John B. Fisher, C. Victor Raiser, II, Anthony C. Madonia and 71 Pearce Avenue, Inc., Plaintiffs, v. AETNA CASUALTY & SURETY COMPANY, North River Insurance Company and American Nuclear Insurers, Defendants.

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

July 12, 1988.

Attorney(s) appearing for the Case

Terrence M. Connors, Buffalo, N.Y., for plaintiffs.

James R. Walsh, Thomas F. Segalla, Buffalo, N.Y., Kreag Donovan, Rochester, N.Y., for defendants.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The plaintiffs bring this declaratory action to compel the defendants Aetna Casualty & Surety Company ("Aetna") and North River Insurance Company ("North River") to defend them, pursuant to their contractual obligations with EAD Metallurgical, Inc. ("EAD") in a federal action commenced by New York. That action is CIV-85-1085E and is pending before this Court. The individual plaintiffs in this action were named...

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