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FIREMAN'S FUND INS. v. NEW YORK MECHANICAL GENERAL

CIV-88-268E.

712 F.Supp. 312 (1989)

FIREMAN'S FUND INSURANCE COMPANY and National Surety Corporation, Plaintiffs, v. NEW YORK MECHANICAL GENERAL, INC., Grinnel Corporation, Carl A. Gifaldi and Eva Gifaldi, Defendants.

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

May 18, 1989.

Attorney(s) appearing for the Case

Samuel Goldblatt, Saperston & Day, Buffalo, N.Y., for plaintiffs.

Peter Collard, Buffalo, N.Y., Elliott Feldman, Philadelphia, Pa., John F. Canale, James D. Gauthier, Buffalo, N.Y., for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This is a subrogated action for recovery of payments made under insurance policies covering fire damage. Jurisdiction in this Court exists pursuant to the diversity of citizenship of the parties.1 See 28 U.S.C. § 1332.

It is undisputed that the plaintiffs were insurance carriers for Interstate Tire Company, Inc. ("Interstate Tire"), which is not a party to this...

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