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AMERICAN MOTORISTS INS. v. UNITED FURNACE CO.

No. 887, Docket 88-9053.

876 F.2d 293 (1989)

AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff-Appellant, v. UNITED FURNACE CO., INC., f/k/a "United Foundry," Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 31, 1989.

Attorney(s) appearing for the Case

Mariann Sullivan, New York City (Harvey Barrison, Russotti & Barrison, New York City, of counsel), for plaintiff-appellant.

Edmund Maciorowski, Detroit, Mich. (Galvin Fox & Palmer, New York City, of counsel), for defendant-appellee.

Before MESKILL, MINER and MAHONEY, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Leisure, J. The district court granted the Fed.R.Civ.P. 12(b)(6) motion of defendant-appellee United Furnace Co. (United) on the ground that the case was not yet ripe for review. The cross-motion of plaintiff-appellant American Motorists Insurance Co. (AMICO) for summary judgment, Fed.R.Civ.P. 56, was denied, and AMICO's complaint was...

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