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J.D. COUSINS & SONS v. HARTFORD STEAM BOILER

Docket No. 02-9277.

341 F.3d 149 (2003)

J.D. COUSINS & SONS, INC., Plaintiff-Appellant, v. HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2003.

Attorney(s) appearing for the Case

MICHAEL R. McGEE, Esq., (Jennifer L. Friedman, Esq. on the brief), McGee & Gelman, Buffalo, N.Y. for Plaintiff-Appellant.

ROBERT A. ASSUNCAO, Esq., Piper Rudnick LLP, New York, N.Y. for Defendant-Appellee.

Before: SACK AND SOTOMAYOR, CIRCUIT JUDGES AND BRIEANT, DISTRICT JUDGE.

BRIEANT, District Judge.

Plaintiff-Appellant ("Cousins") seeks to review a grant of summary judgment in favor of Defendant-Appellee ("Hartford") in this action for a breach of contract to perform inspection services. New York law applies to this diversity suit.1 While we do not agree with the district court that the issue may be resolved by finding that the inspector acted in subjective good faith, we conclude that on the totality of the...

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