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CYCLE CHEM, INC. v. LUMBERMENS MUT. CAS.

837 A.2d 1149 (2003)

365 N.J. Super. 58

CYCLE CHEM, INC., Plaintiff-Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant-Respondent, and Great Southwest Fire Insurance Co., Lumber Mutual Insurance Company, St. Paul Fire & Marine Insurance Company and Allstate Insurance Company, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 2003.

Attorney(s) appearing for the Case

Kelly & Roth, attorneys for appellant (Mark C. Kelly, New York, NY, on the brief).

Tressler, Soderstrom, Maloney & Priess, attorneys for respondent Lumbermens Mutual Casualty Company (Albert C. Hilber, Newark, on the brief).

Before Judges SKILLMAN, COBURN and WELLS.

The opinion of the court was delivered by WELLS, J.A.D.

Plaintiff, Cycle Chem, Inc., (Cycle Chem), appeals from the entry of a final judgment that dismissed its declaratory judgment action seeking coverage under two policies of insurance issued by the defendant, Lumbermens Mutual Casualty Company (LMC). The judgment under appeal came upon LMC's motion for summary judgment which the judge granted.

From the late 1960's to the mid-1980's, Cycle Chem

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