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INTERNATIONAL SCHOOL SERVICES v. NORTHWESTERN NAT.

No. 87 Civ. 1645 (SWK).

710 F.Supp. 86 (1989)

INTERNATIONAL SCHOOL SERVICES, INC., Plaintiff, v. NORTHWESTERN NATIONAL INSURANCE COMPANY and Albany Insurance Company, Defendants. NORTHWESTERN NATIONAL INSURANCE COMPANY and Albany Insurance Company, Third-Party Plaintiffs, v. M.V. "SAM HOUSTON", M.V. "STONEWALL JACKSON", their engines, boilers, etc. Third-Party Defendants.

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

April 5, 1989.

Attorney(s) appearing for the Case

Philip J. Curtin, New York City, for plaintiff.

Bigham, Englar, Jones and Houston, New York City by Helen M. Benzie, for defendants and third-party plaintiffs.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

This is an insurance action arising from goods damaged during transport. This case is presently before the Court on defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendants argue that summary judgment is appropriate because plaintiff's failure to comply with express provisions in its marine cargo insurance policy bars recovery. For the reasons stated...

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