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JURUPA VALLEY SPECTRUM, LLC v. NATIONAL INDEM. CO.

Docket No. 07-3211-cv.

555 F.3d 87 (2009)

JURUPA VALLEY SPECTRUM, LLC, Plaintiff-Appellant, v. NATIONAL INDEMNITY COMPANY and National Liability & Fire Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 4, 2009.

Attorney(s) appearing for the Case

R. Mark Keenan, Anderson Kill & Olick, P.C., (Mark Garbowski, Greg Hansen, on the brief) New York, NY, for Plaintiff-Appellant.

Joseph G. Casaccio, Berkshire Hathaway Insurance Group, (Kevin G. Snover, North Babylon, NY, on the brief) Stamford, CT, for Defendants-Appellees.

Before: LEVAL, POOLER, and B.D. PARKER, Circuit Judges.

LEVAL, Circuit Judge:

Plaintiff, Jurupa Valley Spectrum, LLC appeals from a judgment of the United States District Court for the Southern District of New York (Cote, J.), granting the motion of the defendant, National Indemnity Company ("NICO"), to dismiss for failure to state a claim upon which relief may be granted. As beneficiary of surety bonds issued by Frontier Insurance Company and subsequently reinsured by NICO, Jurupa sued the reinsurer NICO for the...

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