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JACOBSON v. FIREMAN'S FUND INS. CO.

Nos. 619, 764, Dockets 96-7666(L), 96-7684(XAP).

111 F.3d 261 (1997)

Barry J. JACOBSON, Plaintiff-Appellant-Cross-Appellee, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 9, 1997.

Attorney(s) appearing for the Case

Robert D. Lillienstein, Winick & Rich, P.C., New York City (Alan S. Liebman, on the brief), for Plaintiff-Appellant-Cross-Appellee.

Howard S. Veisz, Kornstein Veisz & Wexler, LLP, New York City (David S. Pegno, on the brief), for Defendant-Appellee-Cross-Appellant.

Before: VAN GRAAFEILAND, JACOBS, and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge.

Plaintiff Barry J. Jacobson appeals from an April 26, 1996 final judgment of the United States District Court for the Southern District of New York (Schwartz, J.) dismissing his complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Jacobson's suit alleged that defendant Fireman's Fund Insurance Company ("Fireman's Fund") improperly denied payment of...

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