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DAVIS v. LIBERTY MUT. INS. CO.

Docket No. 00-9249.

267 F.3d 124 (2001)

Gareld DAVIS, Plaintiff-Counter-Defendant-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Counter-Claimant-Appellee, Schwan's Sales Enterprises, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided October 4, 2001.

Attorney(s) appearing for the Case

Richard Kevin Bowen, Law Offices of Richard K. Bowen; Springfield, VT, for Plaintiff-Counter-Defendant-Appellant Gareld Davis.

Lori Reuschel Choiniere, McCormick, Fitzpatrick, Kasper & Burchard; Burlington, VT, for Defendant-Counter-Claimant-Appellee Liberty Mutual Insurance Co.

Robert P. Gerety, Jr.; White River Junction, VT, for Defendant-Appellee Schwan's Sales Enterprises, Inc.

Before WALKER, Chief Judge, NEWMAN and CALABRESI, Circuit Judges.

PER CURIAM:

Plaintiff-appellant Gareld Davis appeals from a December 7, 1998 judgment of the United States District Court for the District of Vermont (William K. Sessions III, District Judge). The final judgment was entered pursuant to two orders: an August 14, 1998 opinion and order, see Davis v. Liberty Mut. Ins. Co., 19 F.Supp.2d 193 (D.Vt.1998), that held, inter alia, that a co-employee exclusion clause...

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