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FOX-KNAPP, INC. v. EMPLOYERS MUTUAL CASUALTY COMPANY

No. 353, Docket 89-7505.

893 F.2d 14 (1989)

FOX-KNAPP, INC., and Cable Industries, Inc., Plaintiffs-Appellants, v. EMPLOYERS MUTUAL CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 22, 1989.

Attorney(s) appearing for the Case

Henry J. Bergman (Bachner, Tally, Polevoy & Misher, New York City, of counsel), for plaintiffs-appellants.

James J. Taylor (Bigham, Englar, Jones & Houston, New York City, of counsel), for defendant-appellee.

Before LUMBARD, FEINBERG and MESKILL, Circuit Judges.

PER CURIAM:

This appeal raises the question whether, under New York law, certain actions taken by an insurance company requiring the insured claimants to produce documents and submit to an examination under oath after the expiration of the period provided in the policy for the filing of lawsuits constitute a waiver of the company's limitations defense. Plaintiffs appeal from a judgment entered in the United States District Court for the Southern District of New York...

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