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MANNING v. UTILITIES MUT. INS. CO., INC.

Docket No. 00-9219.

254 F.3d 387 (2001)

Robert MANNING, On behalf of himself and on behalf of Blue Cross of California, National Heritage Insurance Company, Empire Medicare Services and DN Cigna/Medicare, Plaintiff-Appellant, v. UTILITIES MUTUAL INSURANCE CO., INC.; Niagara Mohawk Power Co.; John Doe, name is fictitious; Richard Roe, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: June 20, 2001.

Errata Filed: August 6, 2001.

Attorney(s) appearing for the Case

Kenneth F. McCallion, McCallion & Associates, LLP, New York, N.Y. (Rajan Sharma, on the brief), for Appellant Robert Manning.

Kenneth Pasquale, Stroock & Stroock & Lavan LLP, New York, N.Y. (Heidi Balk, on the brief), for Appellee Niagara Mohawk Power Co.

Stuart C. Levene, Ford, Marrin, Esposito, Witmeyer & Gleser, LLP, New York, N.Y. (David A. Beke, on the brief), for Appellee Utilities Mutual Insurance Co.

Before: KEARSE, JOSÉ A. CABRANES and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

I. INTRODUCTION

Plaintiff-Appellant Robert Manning ("Manning" or "plaintiff") appeals from a judgment of the District Court for the Southern District of New York (Casey, J.), dated August 31, 2000, denying plaintiff's motion for reconsideration of the court's September 30, 1999 memorandum and order dismissing the plaintiff's fraud claim and granting defendant's motion for reconsideration, dismissing plaintiff's claim under...

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