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  5. 36 F.Supp.2d 605 (1999)
 

MORGAN STANLEY GROUP, INC. v. NEW ENGLAND INS. CO.

No. 95 CIV. 1728 SHS.

36 F.Supp.2d 605 (1999)

MORGAN STANLEY GROUP, INC. and Morgan Stanley & Co. Incorporated, Plaintiffs, v. NEW ENGLAND INSURANCE CO. and ITT New England Management Co., Inc., Defendants.

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

February 16, 1999.

Attorney(s) appearing for the Case

James W.B. Benkard, Davis Polk & Wardwell, New York, NY, for Plaintiffs.

Stephen C. Cunningham, Siff, Rosen & Parker, Louis G. Adolfsen, Melito & Adolfsen, P.C., New York, NY, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

STEIN, District Judge.

This action was tried to this Court on October 13 and October 14, 1998. After due consideration of the testimony and evidence adduced during that trial, the following are the findings of fact and conclusions of law of this Court:

I. Jurisdiction, Venue, and Choice of Law

The plaintiffs and defendants are citizens of different states, and the amount in controversy...

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