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PRO CARDIACO v. TRUSSELL

No. 91 Civ. 8519 (RLC).

863 F.Supp. 135 (1994)

PRO CARDIACO PRONTO SOCORRO CARDIOLOGICA S.A., Plaintiff, v. Earl W. TRUSSELL, Estate of Vivian Trussell, Earl W. Trussell, Executor, and The Prudential Insurance Company of America, Defendants.

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

August 30, 1994.

Attorney(s) appearing for the Case

Hill, Betts & Nash, New York City (Peter J. McHugh, Robert M. Schwartz, Jennifer Williams, of counsel), for plaintiff.

Schwartz & Greenberg, New York City (Edward D. Greenberg, of counsel), for defendant The Prudential Ins. Co. of America.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff, Pro Cardiaco Pronto Socorro Cardiologica, S.A. ("Pro Cardiaco"), has moved for summary judgment pursuant to Rule 56, F.R.Civ.P., and seeks damages of $25,000. Defendant The Prudential Insurance Company of America ("Prudential") has cross-moved for summary judgment.

I.

The undisputed facts are as follows. Pro Cardiaco owns and operates a hospital located in Rio de Janeiro, Brazil...

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