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ENDICOTT JOHNSON CORP. v. LIBERTY MUT. INS. CO.

Dockets 97-7265(L), 97-7335(XAP).

116 F.3d 53 (1997)

ENDICOTT JOHNSON CORPORATION, Plaintiff-Appellee-Cross-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 1997.

Attorney(s) appearing for the Case

William S. Brandt, Rochester, NY (Nixon, Hargrave, Devans & Doyle, Rochester, New York, on the brief), for Plaintiff-Appellee-Cross-Appellant.

Martha J. Koster, Boston, Massachusetts (Benjamin L. Hincks, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, Massachusetts, on the brief), for Defendant-Appellant-Cross-Appellee.

Before: VAN GRAAFEILAND and KEARSE, Circuit Judges, and HAIGHT, District Judge.

KEARSE, Circuit Judge:

Plaintiff Endicott Johnson Corporation ("Endicott") moves to dismiss for lack of jurisdiction the appeal of defendant Liberty Mutual Insurance Company ("Liberty") from a final judgment of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Chief Judge, granting Endicott's motion for summary judgment in its action for a declaratory judgment. Judgment was entered on October 30, 1996; Liberty's notice...

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