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RACHMAN BAG CO. v. LIBERTY MUT. INS. CO.

No. 214, Docket 94-7115.

46 F.3d 230 (1995)

RACHMAN BAG COMPANY, a partnership composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc., Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 1, 1995.

Attorney(s) appearing for the Case

Neal Factor, Factor & Shweky, New York City, for plaintiff-appellant.

Kimberly S. Penner, Sedgwick, Detert. Moran, & Arnold, New York City (David J. Daly, Lecomte, Emanuelson, Tick, & Doyle, Boston, MA, on the brief), for defendant-appellee.

Before: MESKILL, MAHONEY, and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This action is brought by Rachman Bag Company ("Rachman"), an obligee on a surety bond, against the surety Liberty Mutual Insurance Company ("Liberty") for payment of the bond. Plaintiff appeals a judgment of the United States District Court for the Eastern District of New York (Edward R. Korman, Judge) granting defendant summary judgment on its defense of fraudulent concealment and denying plaintiff summary judgment on its claim. Rachman...

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