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ZURICH AMERICAN v. ABM INDUSTRIES

Docket No. 04-0445-CV.

397 F.3d 158 (2005)

ZURICH AMERICAN INSURANCE CO., Plaintiff-Counter-Defendant-Appellee, v. ABM INDUSTRIES, INC., Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 9, 2005.

Attorney(s) appearing for the Case

John N. Ellison, Philadelphia, Pennsylvania (Richard P. Lewis, Anderson Kill & Olick, P.C., New York, New York, of counsel), for Defendant-Counterclaimant-Appellant ABM Industries, Inc.

Thomas W. Brunner, Washington, D.C. (Mary E. Borja, Wiley Rein & Fielding LLP, Washington, D.C.; Stuart Cotton, Philip C. Silverberg, Mound Cotton Wollan & Greengrass, New York, New York, of counsel), for Plaintiff-Counter-Defendant-Appellee Zurich American Insurance Co.

Before: CARDAMONE and B.D. PARKER, Circuit Judges.

CARDAMONE, Circuit Judge:

The terrorist attack on the World Trade Center complex in lower Manhattan on September 11, 2001 brought about a harvest of bitter distress and loss. Of the complex, one stone was not left on another, it was all thrown down, bringing about, in addition to human casualties, the loss and destruction of businesses. It is the loss of one business that is the focus of this appeal.

Appellant ABM Industries Incorporated (ABM, appellant, or...

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