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LINES v. BANK OF AMERICA NAT. TRUST & SAV. ASS'N

No. 88 Civ. 0642 (JES).

743 F.Supp. 176 (1990)

David E.W. LINES, and Gerry A. Weiss, As Joint Liquidators of the Estate of Cambridge Reinsurance Limited, Plaintiffs, v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, Defendant. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, Defendant and Third-Party Plaintiff, v. CHEROKEE INSURANCE COMPANY, Central National Insurance Company, New York Marine Managers, Inc., Occidental Fire & Casualty Company of North Carolina, Ohio Reinsurance Corporation, American Centennial Insurance Company, and Surplus Lines Insurance Company, Third-Party Defendants.

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

July 10, 1990.

Attorney(s) appearing for the Case

Chazen & Sheehan, New York City (Gerald D. Roth, of counsel), for plaintiffs David E.W. Lines and Gerry A. Weiss.

LeBoeuf, Lamb, Leiby & MacRae, New York City (Sally A. Morris, Peter M. Foley, Stephanie L. Hutchins, of counsel), for third-party defendant Occidental Fire & Cas. Co. of North Carolina.

Zeichner Ellman & Krause, New York City, for defendant and third-party plaintiff Bank of America Nat. Trust & Sav. Ass'n.

Jack Weiner, New York City, for Bankers Trust Co. of New York.

Butler, Fitzgerald & Potter, New York City, for third-party defendant Surplus Lines Ins. Co.

Mound, Cotton & Wollan, New York City, for third-party defendant Cent. Nat. Ins. Co.

Javits, Robinson, Brog, Leinwad & Reich, P.C., New York City, for third-party defendant American Centennial Ins. Co.

Kroll & Tract, New York City, for third-party defendants New York Marine Managers, Inc. and Ohio Reinsurance Corp.

OPINION AND ORDER

SPRIZZO, District Judge.

These cross-motions for summary judgment present the question of whether it is a defense to a claim of unjust enrichment that the plaintiff was indebted to the defendant for more than the amount of the enrichment. The Court concludes that in the present case it is not and accordingly, plaintiffs' David E.W. Lines and Gerry A. Weiss, joint liquidators of Cambridge Reinsurance Limited ("Cambridge"), motion for summary...

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