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MACMILLAN, INC. v. FEDERAL INS. CO.

No. 90 Civ. 0438 (RPP).

741 F.Supp. 1079 (1990)

MACMILLAN, INC., a Delaware Corporation, Plaintiff, v. FEDERAL INSURANCE COMPANY, a New Jersey Corporation, Defendant.

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

July 6, 1990.

Attorney(s) appearing for the Case

Skadden Arps Slate Meagher & Flom, Boston, Mass. by Richard Breslow, and George Skelly, Macmillan, Inc., New York City by Jan F. Constantine, for plaintiff.

Wilson, Elser Moskowitz, Edelman & Dicker, New York City by James M. Kaplan, and John F. McCarrilk, for defendant.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This diversity case involves a claim under a Directors' and Officers' Insurance Policy (the "Policy"). Defendant Federal Insurance Company ("Federal") moves pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss plaintiff Macmillan's complaint for failure to state a claim upon which relief may be granted.

I. Facts

For purposes of this motion to dismiss, the Court assumes the truth of the...

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