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STONEY RUN CO. v. PRUDENTIAL-LMI COMMERCIAL INS. CO.

No. 257, Docket 94-7285.

47 F.3d 34 (1995)

STONEY RUN COMPANY and Larrymore Organization, Plaintiffs-Appellants, v. PRUDENTIAL-LMI COMMERCIAL INSURANCE COMPANY, Defendant-Appellee. Paul L. Gruner, as Executor of the Estate of Helen Ann Gruner, Deceased, Judith Baker, as Limited Administratrix of the Estate of William Charles Russel, Margaret Osterhoudt, Judith Baker, Individually, James Schomer and Mary Schomer, Defendants.

United States Court of Appeals, Second Circuit.

Decided January 31, 1995.

Attorney(s) appearing for the Case

Jon C. Dupee, Dupee & Orloff, Goshen, NY (Jeffrey Albanese, Dupee & Orloff, of counsel), for plaintiffs-appellants.

Julius A. Rousseau III, Kroll & Tract, New York City, for defendant-appellee.

Before: LUMBARD, OAKES, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiffs-appellants Stoney Run Company and Larrymore Organization (collectively, "Plaintiffs") appeal from a judgment of the United States District Court for the Northern District of New York (McAvoy, J.), granting defendant-appellee Prudential-LMI Commercial Insurance Company's ("Prudential") motion to dismiss two claims for relief in Plaintiffs' complaint. Plaintiffs sought a declaration that Prudential was obliged to defend and/or indemnify...

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