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SAGE REALTY CORP. v. INS. CO. OF NORTH AMERICA

Nos. 1959, 1960, Dockets 94-7160, 94-7232.

34 F.3d 124 (1994)

SAGE REALTY CORP., Plaintiff-Appellee-Cross-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 2, 1994.

Attorney(s) appearing for the Case

Paul R. Koepff, O'Melveny & Myers, New York City (Thomas G. Carruthers, Mudge Rose Guthrie Alexander & Ferdon, Achilles M. Perry, O'Melveny & Myers, of counsel), for defendant-appellant-cross-appellee.

Vicki L. Safran, Nixon, Hargrave, Devans & Doyle, New York City (Matthew Tracy, of counsel), for plaintiff-appellee-cross-appellant.

Before: MESKILL, KEARSE and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Defendant-appellant-cross-appellee Insurance Company of North America ("INA") appeals from a judgment of the United States District Court for the Southern District of New York (Patterson, J.) granting summary judgment to plaintiff-appellee-cross-appellant Sage Realty Corporation ("Sage") and dismissing INA's counterclaims. The district court granted Sage's motion for summary judgment based on its finding that INA breached the terms...

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