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BAUSCH & LOMB INCORPORATED v. LEXINGTON INSURANCE COMPANY

No. 10-0310-cv.

BAUSCH & LOMB INCORPORATED, Plaintiff-Appellant, v. LEXINGTON INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

March 11, 2011.

Attorney(s) appearing for the Case

GEORGE T. CONWAY III , Wachtell, Lipton, Rosen & Katz ( John F. Savarese , Ben M. Germana , Adam P. Schleifer, Wachtell, Lipton, Rosen & Katz; Seth B. Schafler , Proskauer Rose LLP, on the brief), New York, New York, Appearing for Appellant.

LAWRENCE KLEIN ( Andrew T. Houghton , Christopher J. Celentano , on the brief), Sedgwick, Detert, Moran & Arnold LLP, New York, New York, Appearing for Appellee.

Present: REENA RAGGI, DEBRA ANN LIVINGSTON, DENNY CHIN, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court entered on December 29, 2009, is AFFIRMED in part and VACATED in part, and the case is REMANDED to the district court for further proceedings consistent with this order.

Plaintiff Bausch & Lomb Incorporated ("B&L") appeals from an award of summary judgment entered in favor of defendant Lexington Insurance Company ("Lexington"...

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