DUANE READE, INC. v. ST. PAUL FIRE

Docket No. 03-9064.

411 F.3d 384 (2005)

DUANE READE INC., Plaintiff-Counter-Defendant-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 22, 2005.


Attorney(s) appearing for the Case

Charles Fried (Shaw Pittman LLP, Lon A. Berk, Edward J. Grass, Charles A. Cowan, and Stephanie P. Manson, McLean, VA, on the brief), Cambridge, MA, for Appellant.

James W.B. Benkard, Davis Polk & Wardwell (Carolina C. De Onis, Michael Farbiarz, and Jeffrey Brown, on the brief), New York, NY, for Appellee.

Before: WALKER, Chief Judge, B.D. PARKER and WESLEY, Circuit Judges.


JOHN M. WALKER, JR., Chief Judge.

This case involves an insurance dispute arising from the destruction of the World Trade Center by terrorists on September 11, 2001 ("9/11"). Plaintiff-appellee Duane Reade, Inc. ("Duane Reade"), which up until that day had operated its most profitable drugstore in the main concourse of the World Trade Center ("WTC"), filed this action against its insurer defendant-appellant St. Paul Fire & Marine Insurance Co. ("St.Paul"), seeking...

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