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ROYAL INS. CO. OF AMERICA v. SPORTSWEAR GROUP, LLC

No. 98 Civ 6074 (DC).

85 F.Supp.2d 275 (2000)

ROYAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. SPORTSWEAR GROUP, LLC, Defendant. Sportswear Group, LLC, Third-Party Plaintiff, v. Rampart Brokerage Corporation, and Robalo Enterprise, Inc., Third-Party Defendants. etc.

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

February 23, 2000.

Attorney(s) appearing for the Case

Nicoletti Hornig & Sweeney, Royal Ins. Co. of America by John A.V. Nicoletti, New York City, for Plaintiff/Counter-Defendant.

Weg & Myers, P.C. by Brian A. Andrews, New York City, for Defendant/Counter-Claimant/Third-Party Plaintiff Sportswear Group, LLC.

Lustig & Brown by William C. Kelly, New York City, for Third-Party Defendant/Cross-Claimant Rampart Brokerage Corp.

MEMORANDUM DECISION

CHIN, District Judge.

In February 1998 a container filled with ladies' dresses and jumpers was allegedly stolen from the yard area outside a New Jersey warehouse. Sportswear Group, LLC ("Sportswear"), the owner of the dresses and jumpers, filed a claim for the loss with its insurance company Royal Insurance Company of America ("Royal"). In response, Royal brought this action seeking a declaratory judgment that under the terms of...

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