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EMPLOYERS MUT. CAS. CO. v. KEY PHARMACEUTICALS

Nos. 232, 738, Dockets 95-7139, 95-7177.

75 F.3d 815 (1996)

EMPLOYERS MUTUAL CASUALTY CO.; and Mutual Marine Office, Inc., As Attorney In Fact For Employers Mutual Casualty Company, Plaintiffs-Appellants-Cross-Appellees, v. KEY PHARMACEUTICALS; and Schering-Plough Corp., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 5, 1996.

Attorney(s) appearing for the Case

Robert J. Giuffra, New York City (James E. Ryan, Dougherty, Ryan, Giuffra & Zambito, New York City, of counsel), for Plaintiffs-Appellants-Cross-Appellees.

Avraham C. Moskowitz and John Doyle, New York City (Chaim B. Book, Anderson Kill Olick & Oshinsky, P.C., New York, NY, of counsel), for Defendants-Appellees-Cross-Appellants.

Before: ALTIMARI and JACOBS, Circuit Judges, and CONNER, District Judge.

PER CURIAM:

Second-layer excess liability insurers appeal from a judgment of the United States District Court for the Southern District of New York (Sand, J.), entered in favor of their policyholder (and its parent company) on claims and cross-claims arising from the settlement during a trial of an underlying products liability action. The second-layer excess insurers alleged that the policyholder and its parent breached duties in tort and contract when they...

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