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  5. 591 F.Supp.2d 651 (2008)
 

JULIO & SONS CO. v. TRAVELERS CAS. AND SUR. CO.

No. 08 Civ. 3001 (RJH).

591 F.Supp.2d 651 (2008)

JULIO & SONS COMPANY, Plaintiff, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendant.

United States District Court, S.D. New York.

December 17, 2008.

Attorney(s) appearing for the Case

John W. Schryber, Patton Boggs LLP, Washington, DC, Joseph M. Cox, Shannon W. Conway, Patton Boggs LLP, Dallas, TX, Philip Morgan Smith, Patton Boggs LLP, New York, NY, for Plaintiff.

Evan Shapiro, James Theodore Sandnes, Boundas Skarzynski Walsh & Black, New York, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

Plaintiff Julio & Sons Company ("Julio & Sons" or "Julio") brings this action against defendant Travelers Casualty and Surety Company of America ("Travelers") for enforcement of their insurance agreement (the "Policy").1 Plaintiff originally brought the motion presently before the Court as one for a preliminary injunction, but following oral argument...

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