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U.S. FIDELITY AND GUAR. CO. v. FROSTY BITES, INC.

No. 02 CIV. 1682(WCC).

350 F.Supp.2d 508 (2004)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. FROSTY BITES, INC., Defendant. Frosty Bites, Inc. and Nicholas Angus, Counter-Plaintiffs, v. United States Fidelity and Guaranty Company, Counter-Defendant.

United States District Court, S.D. New York.

December 20, 2004.

Attorney(s) appearing for the Case

Kenney, Shelton, Liptak & Nowak, LLP, (Judith Treger Shelton, Esq., Of Counsel), Buffalo, NY, for Plaintiff/Counter-Defendant.

Pino & Associates, LLP (Joanna Roberto, Esq., Of Counsel), White Plains, NY, for Defendant/Counter-Plaintiff Frosty Bites, Inc. and Counter-Plaintiff Nicholas Angus.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff United States Fidelity and Guaranty Company ("USF & G") moves pursuant to FED. R. CIV. P. 59(e) and 60(b) and Local Rule 6.3 for reconsideration and amendment of this Court's July 16, 2004 Opinion and Order (the "7/16/04 Opinion") granting the motion of defendant and counter-plaintiff Nicholas Angus for partial summary judgment declaring that USF & G has a duty to defend...

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