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SMART STYLE INDUSTRIES v. PA. GENERAL INS. CO.

No. 95 Civ. 10095 (DC).

930 F.Supp. 159 (1996)

SMART STYLE INDUSTRIES, INC. and H.W. Carter & Sons, Inc., Plaintiffs, v. PENNSYLVANIA GENERAL INSURANCE COMPANY, Defendant.

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

July 10, 1996.

Attorney(s) appearing for the Case

Douglas C. Fairhurst, New York City, for Plaintiffs.

Curtis, Zaklukiewicz, Vasile, Devine & McElhenny by Brian W. McElhenny, Merrick, New York, for Defendant.

OPINION

CHIN, District Judge.

In this diversity action, plaintiffs Smart Style Industries, Inc. ("Smart Style") and H.W. Carter & Sons, Inc. ("H.W. Carter") seek reimbursement of legal fees incurred during an underlying trademark action, H.W. Carter & Sons, Inc. and American Marketing Enterprises Inc. v. The William Carter Co., 913 F.Supp. 796 (S.D.N.Y.1996) (Chin,

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