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INSURANCE CO. OF NORTH AMERICA v. ABB POWER GENERATION

No. 95 Civ. 0406(LAK).

925 F.Supp. 1053 (1996)

INSURANCE COMPANY OF NORTH AMERICA and Fidelity Casualty Insurance Company of New York, as subrogees of AES Placerita, Inc., Plaintiffs, v. ABB POWER GENERATION, INC., Defendant.

United States District Court, Southern District of New York.

As Amended May 21, 1996.

Attorney(s) appearing for the Case

Thomas J. Skeffington, Robert A. Stern, Clausen Miller, New York City, for Plaintiffs.

Stuart I. Parker, Kennard M. Goodman, Pollack & Greene, New York City, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiffs commenced this action in New York Supreme Court, New York County, seeking (1) a declaratory judgment that their claims under a contract between their subrogor and defendant are not barred by applicable statutes of limitations, and (2) an order compelling arbitration of their claims. Defendant removed the case to this Court on the ground that the parties are of diverse citizenship and has counterclaimed...

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