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NATIONAL UNION FIRE INS. CO. v. TURTUR

Nos. 1040, 1041, Dockets 88-9105, 88-9107.

892 F.2d 199 (1989)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff-Appellee, v. Chris M. TURTUR and Stephen P. Turtur, d/b/a C & S Joint Venture, Defendants-Appellants. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff-Appellee, v. Mario TURTUR, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 18, 1989.

Attorney(s) appearing for the Case

Neil Schwarzfeld, New York City (Gregory Bitterman, Schwarzfeld, Ganfer & Shore, New York City), for defendants-appellants.

Richard F. Russell, New York City (Denis Collins, D'Amato & Lynch, New York City), for plaintiff-appellee.

David A. Leipziger and Samuel H. Greenbaum, Cox, Castle & Nicholson, Los Angeles, Cal., submitted a brief in support of plaintiff-appellee, for amicus curiae Admiral Ins. Co.

Before LUMBARD, ALTIMARI and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

Defendants-appellants Mario Turtur, Jr. and his sons, Chris M. Turtur and Stephen P. Turtur d/b/a C & S Joint Ventures (the "Turturs"),1 appeal from summary judgments entered in the United States District Court for the Southern District of New York, Louis L. Stanton, Judge, in favor of plaintiff-appellee National Union Fire Insurance Company ("National Union").

National Union brought this diversity...

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