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COMMERCIAL UNION ASSUR. CO. PLC v. OAK PARK MARINA

Docket No. 99-7513

198 F.3d 55 (1999)

COMMERCIAL UNION ASSURANCE COMPANY, PLC, La Reunion Francaise Societe Anononyme D'Assurances Et Des Reassurances, The Yorkshire Insurance Co. Ltd., Northern Assurance Co. Ltd., Ocean Marine Insurance Co. Ltd., The Prudential Assurance Co. Ltd., London & Hull Maritime Assurance Co. Ltd., Sirius (UK) Insurance PLC, Phoenix Assurance Public Limited Company, Switzerland Insurance Company UK Limited, Nippon Insurance Company of Europe Limited, Fuji International Insurance Company Ltd., Excess Insurance Co. Ltd., Bishopsgate Insurance Ltd., The Threadneedle Insurance Co. Ltd., Sphere Drake Insurance PLC., Assicurazioni Generali S.P.A., and Minister Insurance Co. Ltd., Plaintiffs-Counter-Defendants-Appellants, v. OAK PARK MARINA, INC., Edwin Lupo, and Todd Lupo, Defendants-Counter-Claimants-Appellees,

United States Court of Appeals, Second Circuit.

Decided: December 23, 1999.

Attorney(s) appearing for the Case

John M. Woods, Thacher, Proffitt & Wood, (Gerald J. Ferguson and John P. Doherty, on the brief), New York, New York, for Plaintiffs-Counter-Defendants-Appellants.

Philip G. Spellane, of Counsel, Harris Beach & Wilcox, LLP, Rochester, New York, for Defendants-Counter-Claimants-Appellees.

Before: McLAUGHLIN, JACOBS, KATZMANN Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

Edwin and Todd Lupo are officers and shareholders of Oak Park Marina, Inc., which owns and operates a public marina on the shore of Lake Ontario in New York. For a fee, Oak Park allows patrons to dock their boats at the marina and use the restrooms and shower facilities. Oak Park's employees, including its female lifeguards, also use the same facilities. In 1993, the Lupos installed hidden video surveillance cameras...

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