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STEUBEN CONTRACTING, INC. v. EMPLOYERS INS. OF WAUSAU

No. 96-CV-6578L.

975 F.Supp. 479 (1997)

STEUBEN CONTRACTING, INC., Plaintiff, v. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, being a wholly owned subsidiary of Wausau Insurance Companies/Nationwide Insurance Enterprise, Defendant.

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

September 3, 1997.

Attorney(s) appearing for the Case

Jacob P. Welch, Corning, NY, for Steuben Contracting, Inc.

Charles F. Crimi, Jr., Rochester, NY, Wm. McElroy, Jr., Carrie L. Okuna, Zelle & Larson, Waltham, MA, for Employers Ins. of Wausau.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Steuben Contracting, Inc. ("Steuben"), commenced this action in New York State Supreme Court, Steuben County, on November 19, 1996. Defendant, Employers Insurance of Wausau ("Wausau"), removed the action to this court on December 23, 1996 under 28 U.S.C. § 1441, based on diversity of citizenship. Wausau has moved for summary judgment.1

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