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HARRIS v. PROVIDENT LIFE AND ACC. INS. CO.

Docket No. 01-9265.

310 F.3d 73 (2002)

Louise M. HARRIS, Plaintiff-Counter-Defendant-Appellee, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Counter-Claimant-Appellant, Provident Companies, Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2002.

Attorney(s) appearing for the Case

Arthur J. Siegel, Albany, NY, (Bond, Schoeneck & King, Albany, NY, of counsel), for Appellant Provident Life and Accident Ins. Co.

Jean F. Gerbini, Joel L. Hodes, Melvin H. Osterman, Heather D. Diddel, Whiteman Osterman & Hanna, Albany, NY, on the brief, for Appellee Louise M. Harris.

Before: MESKILL, CARDAMONE and STRAUB, Circuit Judges.

MESKILL, Circuit Judge.

Defendants-appellants Provident Life and Accident Insurance Co. and Provident Companies, Inc. (collectively "Provident") appeal from an order of the United States District Court for the Northern District of New York, Hurd, J., granting plaintiff-appellee Louise M. Harris' (Harris) motion for summary judgment on the first count of the complaint, denying Provident's cross-motion for summary judgment...

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