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DUANE READE, INC. v. ST. PAUL FIRE AND MARINE

Docket No.[s]: 07-4141-cv(L), 07-4296-cv (XAP).

600 F.3d 190 (2010)

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

United States Court of Appeals, Second Circuit.

Decided: March 31, 2010.

Attorney(s) appearing for the Case

Guy Miller Struve (Charles S. Duggan, Joshua A. Plaut, A. Brendan Stewart, on the brief), Davis Polk & Wardwell, New York, NY, for Plaintiff-Counterclaim-Defendant-Appellant-Cross-Appellee Duane Reade, Inc.

Charles Fried (Lon A. Berk, Stephanie Pestorich Manson, Hunton & Williams LLP, McLean, VA, on the brief), for Defendant-Counterclaim-Plaintiff-Appellee-Cross-Appellant St. Paul Fire and Marine Insurance Company.

Before: CABRANES and HALL, Circuit Judges, and GLEESON, District Judge.

HALL, Circuit Judge:

In this insurance dispute arising from the September 11, 2001 destruction of a drug store in the World Trade Center ("WTC"), Duane Reade, Inc. ("Duane Reade") appeals from a judgment of the United States District Court for the Southern District of New York (Rakoff, J.) dismissing its complaint against its property insurer St. Paul Fire and Marine Insurance Company ("St. Paul"), on the basis of res judicata. The district court's application...

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