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D.B. ORBAN CANADA, INC. v. NEW YORK MARINE MANAGERS, INC.

No. 88 Civ. 5926 (JES).

765 F.Supp. 140 (1991)

D.B. ORBAN CANADA, INC., Plaintiff, v. NEW YORK MARINE MANAGERS, INC., Progressive Casualty Insurance Company, Co., Christiania General Insurance Corp. of New York, the Reinsurance Corporation of New York, Worcester Insurance Company, Pennsylvania Lumbermans Mutual Insurance Company, Republic Insurance Company, Colonia Insurance Company — U.S. Branch, United Reinsurance Corporation of New York, and United Fire & Casualty Company, Defendants.

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

As Amended June 27, 1991.

Attorney(s) appearing for the Case

Donovan, Parry, Walsh & Repetto, New York City (Richard E. Repetto, James P. Krauzlis, of counsel), for plaintiff.

Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, New York City (Thomas L. Tisdale, of counsel), for defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff, D.B. Orban Canada, Inc. ("Orban"), brings this action alleging that the defendant underwriters have failed to pay the full amount due it pursuant to an insurance agreement between the parties. The parties have agreed to a Bench Trial upon stipulated facts. The Court has reviewed the evidence submitted by the parties and has heard Oral Argument....

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